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UGC NET Forensic Science Overview

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UGC NET Forensic Science Overview

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Niji
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AFRS (UGC NET\JRF 2022) C NO: +91 9366381689

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APPLIED FORENSIC RESEARCH SCIENCES

CSIR UGC - NET

UGC NET\JRF 2022

FORENSIC SCIENCE

UNIT – 01

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Unit – I • Forensic Science: Definition, History &


Development, Scope, Ethics in Forensic Science • Physical
Evidence: Nature, Types, Search methods, Collection,
Preservation, Packing & Forwarding of Physical & Trace
evidence for forensic analyses, Chain of Custody • Crime
Scene: Nature, Types, Preservation of Scene of Crime •
Criminal Investigations: Unnatural deaths, Criminal
assaults, Sexual offences, Poisoning, Vehicular accidents •
Courts: Types, powers and jurisdiction, Admissibility of
evidence in Courts, Definition of Experts, Provisions in
Cr.P.C.,1973 & Indian Evidence Act relating to experts &
their reports; Court Procedures pertaining to Expert
Testimony & Witness • Organization of Forensic Science
Laboratories of Centre and State, NCRB and NICFS •
Fundamental Rights: Right of Equality (Articles 14 to 18)
and Right of Freedom (Articles 19 to 22) as per Constitution
of India • Criminal Profiling: Profile of victim and culprit, its
role in crime investigation, Lie detection (Polygraphy),
Narco analysis, Brain mapping, scope and limitations •
Concept of quality control management in Forensic
institutions

FORENSIC SCIENCE: DEFINITION, HISTORY & DEVELOPMENT, SCOPE,


ETHICS IN FORENSIC SCIENCE

In the era of technology, criminals are committing crime by using technology. So it is


almost impossible to solve those types of crime without using science or technology.
Forensic Science has become an integral part of the Criminal Justice System by
recognizing and gathering evidences from crime scene and thereafter analyzing them
scientifically in the laboratory. This could help in deciding the guilt or innocence of a
suspect. Forensic Science has developed itself to operate within the reality determined
by the Criminal Justice System. To maintain this relationship between Forensic Sciences
and the Criminal Justice System communication is very important. The focus has been
shifted from the quantity to the quality and makes it possible for the Forensic Scientist
to answer honestly the questions that have been posed to him. The reforms are needed
in the law and legal system to define these changes in a new reality. Forensic Science,
being a discipline that comes first in contact with different types of problems, has an
important part to play in defining this reality. In other words, to apply the scientific
methods and techniques so as to help in conducting criminal investigations that will
contribute in solving the legal problems. Like the pathologists who testify the causes of
death and engineers testify the causes of damage from equipment failure, fires, or
explosions; Forensic scientists present Expert Testimony to the court of Law.

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Introduction to Science

The word 'science' originated from the Latin word scientia, meaning knowledge. It
refers to a system of acquiring knowledge and uses these observations and
experimentation to explain phenomena of nature. Sometimes it becomes difficult to
describe science as what public think about science and scientists is not exactly correct.
Forensic science is a field of study related to crimes, evidence and criminal proceedings
.

Forensic science may be applied to: -

• Collecting evidence from crime scenes


• Preserving and cataloguing specimens for analysis
• Interpreting criminal data
• Assisting in criminal or civil court cases
• Determining the cause of a crime

Analysing evidence and using it to formulate hypotheses regarding a crimeTheir belief


about the scientists is that they are the people who are capable of using complex
methods and even secret means to, discover or invent something for the

benefit of humanity. Scientific experiments are supposed to yield results or conclusions


which frame absolute 'truth' which is one of the prime objectives of science. So science
may be defined as "Areas of human endeavor which tries to establish and understand
the connections among human phenomena, with objects around us and processes that
are subject to observations, measurements and experimentations."

It is a systematic creativity which builds and organizes knowledge in the form of testable
explanations and predictions or in the simple words the type knowledge that can be
rationally explained and consistently applied. It is different from other disciplines with
regard to its approach which is theoretical as well as empirical in nature.

1. Basic Sciences

Pure or Basic sciences are different from applied sciences which are the application of
research to human requirements. Science communities have been debating on the
following questions for the last few decades about the worth of different type of
sciences:

• Is it valuable to pursue sciences for the sake of simply gaining knowledge? or

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• Does this knowledge only have worth if it can be applied to solve a specific
case/problem to improve our lives? The questions focus on the differences between two
types of sciences: basic and applied.

. Basic sciences or pure sciences include Biological, Physical and Chemical Sciences
which are the study of the natural world, or research performed solely to expand the
knowledge base.

• Applied sciences refer to the disciplines dealing with the art or science of applying
scientific knowledge to solve real-world problems.

Some of us may perceive applied science as "useful" and basic science as "useless." But
many scientists think that a basic understanding of science is necessary before an
application is developed therefore, applied science relies on the results generated
through basic science. Another category of the scientists think that it is more appropriate
to move on from basic science and instead to find solutions to actual problems. Both
approaches are valid. It is true that there are problems that demand immediate attention;
however, few solutions would be

found without the help of the wide knowledge foundation generated through basic
science. The following few examples shows how the basic and applied science can work
together to solve practical problems occurred after the discovery of DNA structure,
which led to an understanding of the molecular mechanisms governing DNA
replication. Strands of DNA are unique in every human being, are found in our cells
where they provide the instructions necessary for life. During DNA replication, it makes
new copies of itself shortly before a cell division take place. To understand the
mechanisms of DNA replication, scientists developed a laboratory technique that is now
used to identify genetic diseases, pinpoint individuals who were present at a crime
scene, and also help in solving paternity/ maternity disputes. Without basic science, it
is unlikely that applied science would exist. Similarly another example of the link
between basic and applied research is the Human Genome Project, a study in which
each human chromosome was analyzed and mapped to determine the precise sequence
of DNA subunits and the exact location of each gene. As the gene is the basic unit of
heredity; complete collection of genes of an individual is his or her genome. To have a
better understanding of human chromosomes, there is a need to study other less complex
organisms. The Human Genome Project relied on basic research carried out with simple
organisms and, later, with the complex human genome. The data so generated
eventually become important to achieve the end goal of applied research in the form of
finding cures and early diagnoses for genetically-related diseases.

At the same time, there are differences between forensic science and basic sciences.
The differences are attributable in part to the fact that forensic science has some unique
objectives, and in part to its continuous and necessary interaction with the legal system.
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In most scientific investigations of crime, different forms of the scientific methods have
been used. Forensic science is basically the application of the scientific methods and
techniques of sciences such as physics, chemistry, and biology to the matters of the law;
which includes a variety of different activities and specialties.

2. The Scientific Methods:

To attain the 'truth' is one of the basic aim of science, and thus one of the base for using
the scientific methodology, this ideal perhaps is difficult to achieve sometime in actual
practice. Actually, Science is concerned with natural phenomena and is that area of
human endeavor which tries to unite and understand the connections of things/
environmental conditions and processes that are subject to observations, measurements,
and experimentation. In addition, science can be distinguished from other disciplines on
the basis of its combined theoretical and empirical approaches, which are usually called
the scientific method.

The scientific method may be characterized as consisting of several separate steps in


the form of theory, hypothesis, observations (collection of data), conjecture and testing.
Most scientists do follow this general procedure. The significance of the observations
made is considered (conjecture), until some sensible explanation consistent with all the
data-a hypothesis-is arrived at. Experiments are designed in such a way to test the
hypothesis are then conceived and carried out. The new data thus obtained are used to
refine the primary hypothesis if necessary. A modified hypothesis which has been
verified by a good deal of rigorous testing may be called 'a theory'. Sometimes, theories
which have been extensively tested and verified by many scientists working
independently may come out to be-regarded as 'natural laws'.

Forensic scientists engaged in reconstruction (i.e. sequences of steps) of events follow


the essential principles of the scientific method sketched above. In an attempt to
reconstruct the events which took place at a crime scene, for example, the first step is
careful observations and collection of all the known facts in the form of observations
and clue materials. Different hypotheses can then be checked to see how well all of
them relate to the facts of the case. As additional facts are revealed by further
observations or by experimental testing, it may then become possible to arrive at a
theory of what took place and how?

The scientific methods are not strict set of rules by which all scientists proceeds, rather,
this is a particular way of going further to gather information about the natural world
and attempting to organize and understand it. Elements of both inductive and deductive
logic are used while applying the scientific methods.

1. Deductive Logic: In deductive logics or reasoning, links premises with conclusions.


If all premises are true, the terms are clear, and follow the rules of deductive logic, then
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the conclusions reached are valid. Consider the following example of deductive logic.
The red pigment carrier of oxygen in the blood of all mammals is hemoglobin. As
human are mammals; therefore, hemoglobin is present in human blood. The conclusion
here is a logical consequence of the two premises. Mathematical proofs are therefore
examples of deductive reasoning/logic. The conclusion is created on the facts present in
the premises reductively.

2. Inductive Logic: In the scientific experiments, deductive logic would not be


sufficient alone. It is also necessary to go beyond the facts to draw conclusions that may
have predictive value. This type of reasoning is known as inductive reasoning or logic,
which leads to the development of hypotheses. The conclusion drawn has not been
proved to be true, although in some cases it may be regarded as true from a practical
point of view. A conclusion may be based on a huge experience that it is unlikely to be
false.

For example, that fingerprints are individual, but this has never been rigorously proved.
The conclusion is reached through inductive logic, and is based upon observations of
the millions of scientists. The reasoning behind the conclusion runs are as follows: Ten
of thousands of fingerprints have been collected and catalogued in national files. Thus
far no two people have been found to have the same fingerprints; therefore, fingerprints
are (probably) individual.'In order to prove this conclusion rigorously, by deductive
logic, it would be necessary to compare the fingerprints of every person living on this
planet earth! If two sets were found to be matched, then the conclusion reached would
be inductively false.

Since it would be impossible to conduct the examination of every person's fingerprints


living on the earth, we must be satisfied our self with the conclusion reached
inductively, by extrapolation from inadequate experience with a few million examples
thought to act as representative. Even though the inductive conclusion has not been
rigorously proved, it seems quite unlikely that it is false. It is, therefore, will be a
probable conclusion. Such conclusions may be drawn from analogies or informed
conjecture which is based upon a large amount of representative data. To be useful
practically, it is required only that they ascertain to be correct most of the time.

Hypothesis

Science begins simply with inquisitiveness about some of the natural phenomenon.
Then a scientist makes observations on this phenomenon and formulates an educated
guess' to clarify the observations made. This guess is called a hypothesis and its plural
is hypotheses. Since the hypothesis describes an explanation for some of these
phenomenon and made it possible to make some predictions based upon it. In order to
be within the jurisdiction of science, a hypothesis must be able to create forecasts which
can be tested with scientific experiments. Hypotheses or theories remain outside the
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realm of science which are not subject to scientific experimental testing, but those which
can be tested with scientific experiments the truth of their predictions are called
Scientific hypotheses. True hypotheses always produce true predictions. The distress is
that false hypotheses can also sometimes yield true and false predictions as well.
Therefore, scientific experiments which prove that a prediction is true do not certainly
demonstrate that the hypothesis from which the prediction was derived is true. They
just lend a support to the hypothesis.

The scientific experiments which scientists conduct to test any hypotheses are planned
to be controlled, so that there should be only one variable at a time. In routine, mostly
it is not possible to construct an experiment with absolute certainty in which only one
parameter is variable. Unrecognized variables do influence the experimental results.
Many different experiments needs to be conducted on a particular issue or a question to
find the truthfulness or falseness of a hypothesis, as many different predictions are tested
over the course of time. If a hypothesis leads to a prediction that is shown
experimentally to be false, the hypothesis has to be modified or changed all together.
So hypotheses are altered over the course of time as number of experiments is conducted
to test their rationality.

After modification or alteration, hypotheses (scientific guess) get closer to the reality.
Because of this self-testing and experimental in nature, scientific knowledge is always
keep transforming. There is no surety that yesterday's truth will remain the same as
tomorrows. A hypothesis which has been extensively tested, and which generates a
large number of true predictions, is often called a theory. Even the words 'hypothesis'
and 'theory' are regularly used synonymously, but a scientific hypothesis may not the
same as a scientific theory. The scientific knowledge exists at a particular time present
the best explanation of natural phenomena which has been formulated up to that time.
It is not possible to know how close to the "real truth" scientific knowledge at any
particular time. The history of science has educated us to be skeptical about everything
whatsoever we think is true. In forensic analysis a results or conclusions made are
'scientific,' public has become accustomed to believe that the results must be right.

Since the fourteenth century, scientific evidences have posed strong challenges for the
law and legal system of that time and always had an uneasy association. These
challenges arise because of the fundamental differences between the scientific and legal
processes. The legal system embraces the adversary process to attain "truth," for the
ultimate purpose of attaining an authoritative, final, just, and socially acceptable
resolution of disputes. Thus law has fixed standards and seeks to define how public and
private relations should function.

In contrast to law's vision of truth, however, science embraces empirical analysis to


discover truth as found in certifiable facts. Thus Science does not define how the
universe should be, but rather describes how it actually is making it more descriptive.
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LAW AND FORENSIC SCIENCE

During any crime investigation, the evidences are collected from a crime scene,
analyzed scientifically in the Forensic Science laboratory according to the requirements
of the investigation and reports are presented in court of law. Each crime scene is
unique, and each case presents varied challenges. In the laboratory complex cases may
sometime involve multiple forensic experts having different backgrounds in biology,
physics, chemistry, and other disciplines. These forensic scientists analyze evidence
separately in a particular case. For example, one of the forensic examiners might be
developing a latent finger prints, forensic biologist might be comparing hair and other
fibers by using a microscope, and another might be identifying a white powder that was
collected from the scene. The investigators will then combine all of the examiners'
objective results to interpret and build a case.

Now, it is the duty of both the scientist and the court to ensure that maximum effort
should be made to ensure that the jury must understands the competences and limitations
of any science presented to them. The scientists must be able to convey the complex
subject in as much simpler way as possible. Only then the lawyers and judges can
appreciate the value of scientifically analyzed physical evidences and reach to a secure
and informed decision.

Law and Legal Systems

When we have to live together and interested in the formation of society, disputes are
inevitable. To resolve these issues, perhaps we need to have a framework of code of
conduct to maintain our relationships with others. Even from primitive times, history
has been logged with accounts of different codes, or laws. In the history of law in many
societies, we can discern the same evolution taking place moreover in the same
sequence (Table-1). For conducting human affairs, people were regulating their affairs
and relationships in a rather systematic manner by designing laws and legal system,
which were based either on their religion or purely secular.

Presently, we are accustomed to a legal system with voluminous codes and well defined
procedures for contracts, many of these mentioned in table-1don't sound like much of a
legal system to normal ears. But for most of the existence of humans, the following are
the systems they lived under:

The Patriarch

In the historical evolution of law, according to earliest ever records available and in the
observations of more primitive cultures, the earliest stage of development is
characterized by people living in small groups. These groups were based on kinship and
ruled by the eldest male. Mostly the ruler was chosen by very strict customs of descent
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through the eldest sons from the 'original' ancestor. Often this rule was quite complete
and always includes property, earnings, and contract. This was entirely at the caprice
of the patriarch, with the ruled having none of what we would think of as rights. But it
is a customary responsibility of the patriarch to provide for his family. The males after
attaining the age of majority could free themselves from the rule of their father and even
start their own patriarchy.

The Sovereign

Later on they develop a sovereign ruling over a grouping of families. This rule is in the
same style as of the patriarch; he issues rulings after the fact and without reference to
any established rules. Primitive man at this stage supposed that the gods (Themis to the
Greeks) dictated to the king what to award. The name of the awards was Themistes.
Here important to note that these are not laws but pronounced judgments. The pattern
of themistes helps in creating a custom (which is opposite to the theory that the laws
embody the customs of a previous era).

Customary Law

The early kings were heroic, but often feebler monarchs followed. Often an oligarchy
would grow up around the monarch. These aristocrats mostly became the depository
and administrators of the law. This was the epoch of customary law. English common
law pretends to be of this type (at one time, the judges relied on rules, principles, but
lawyers and the public were not fully aware about these distinctions), but today all this
is based on written precedents.

A Legal Code

Finally a legal code has been written down. This happened just after the invention of
writing. Quite often the initial code were mixed of civil, religious, and moral issues.
But at last we have arrived at a stage where the legal system becomes recognizable. In
most of the cases the flavor of the initial code in the form of earlier patriarchal era and
primarily deals with relationships between the families or between the patriarchs of the
families was retained.

It was only after 800 in English history, when King Alfred the Great declared that the
law would be present in a written so that people could know about the law related to the
fact (I date the beginning of the Libertarian revolution from this point.)

Individuals

In the next stage, the legal code started dealing with individuals rather than just the
patriarch. It even begins to regulate the relations within the family.
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Contractual Relationships .

Finally, the relationships within a legal system begin to be determined more and more
by contracts than by the status of the actors. The most obvious is employment, which
becomes a matter of contract between two parties rather than master and slave. This
process can be observed in historical times and is still continuing today.

Now let's discuss about the present Legal systems which operate under many different
forms of governments. The laws in effect at any given time are usually influenced by
or derived from those of earlier periods.

The relationships activities among people of a society are also subject to certain rules
and regulations. Government keeps regulating those activities which influence our daily
life most closely. The other activities, regarded as contrary to the collective interest or
to generally accept moral code and conduct, has to be barred by laws. The existing govt.
/authority then provides sanctions against those who engage in the forbidden activities.
In a general way, criminal codes governs activities in which society as a whole has an
interest, and civil codes tend to manage relations among the individuals or groups.

The distinction between criminal and civil matters depends upon the social and
historical context of the society who has created these laws. Legal structures prevalent
at particular times are always reflections of particular type of societies. Without any
exception, however, the dynamics of their operation represent a human activity that
depends on decision making. Legal decision making is nearly always vested in some
kind of court or tribunal. Codes and legal systems cannot anticipate every possible
circumstance under which disputes will arise between people or with the state. The
function of the courts or tribunals, therefore, is to make reasoned judgments in
particular cases. They try to apply the general principles of the legal code to the
particular circumstances of a given situation.

To exercise their function responsibly, courts have always sought ways to ascertain the
facts surrounding a particular case. The relationship between law and science had
developed out of a common interest in factual information. Although the concepts of
scientific fact and legal fact are often quite different, the application of scientific
methods can often provide factual information that is relevant to a legal proceeding and
would not be available without the intervention of science.

Relevance of Forensic Evidence in Trial:

Though there is no denial of the importance of Forensic Science in contributing towards


delivery justice system, certain limitations of the existing legal system tend to make it
a subject of discussion:

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• The limitation of being an adversarial system of Justice

• The judges and lawyers possess inadequate scientific knowledge (a must for
comprehending and evaluating forensic evidence) for curing the documented ills of the
forensic science disciplines. This is of great importance as "forensic science is but the
handmaiden of the legal system".

There are some serious issues regarding the competence and quality of the current
forensic science system; yet, the courts continue to rely on forensic evidence without
fully understanding and addressing the limitations of different forensic science
disciplines. This profound combination of law and science, especially in the context of
law enforcement, emphasizes the need for improvement in the forensic science
community.

Forensic Science

While investigating a homicide, Mike carefully dusts a window for fingerprints. As


the black powder is spread across the glass, a faint fingerprint begins to appear.

Mike carefully lifts the print and takes it back to the lab. When the fingerprint is entered
into the computer, a possible match is identified, and the suspect is picked up for
questioning. When the suspect is asked how his fingerprints could have ended up at the
crime scene, he confesses to the murder. This is an example of using forensic science
to solve a crime. Forensic science is defined as the application of science in answering
questions that are of legal interest. More specifically, forensic scientists employ
techniques and tools to interpret crime scene evidence, and use that information in
investigations. Forensic scientists and technicians come from a variety of academic
backgrounds, although most have completed coursework in the life sciences, chemistry
and law enforcement.

The simplest definition of forensic science is any science used within the criminal
justice system. While this definition may be simple, the field of forensic science is
anything but simple. Crime scene investigators and lab technicians use specialized skills
and tools to collect, analyze, and present evidence in order to solve a crime or
successfully convict the offender. The increased use of scientific methods to collect and
examine evidence has led to the closure of many criminal cases that could not be solved
through old-fashioned detective work alone. New testing methods are even being
applied to cold cases, or cases from many years ago that remain unsolved.

In definition of Forensic science, it is the application of scientific methods or techniques


to law or legal system. Which is expected to helps in answering the questions of interest
to a legal system in relation to either civil or criminal action.

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1. Necessity of Forensic Science in Criminal Investigation

There is a great need to use of forensic science in the investigation of crime in the
modern times. In India, the investigation of crime and prosecution of persons having
committed the crime are not up to the mark. Still large percentage of heinous crimes the
criminals could not be prosecuted properly and some percentages of trials end in
acquittal.

Because of this, the number of criminals and crimes are increasing every day. The
obsolete investigation techniques have many loopholes might be one of the reason for
these frequent acquittals. Further with the increasing awareness and establishment of
National Human Right Commission, the third degree methods is no longer acceptable
for criminal investigation to the modern generation, which include judges and public at
large. Of course the third degree methods for making confession have not completely
vanished from our country but their misuse has increased. Thus, there is an urgent need
to use scientific techniques for effective crime investigation. The term forensic science
is sometimes used as a synonym for Criminalistics. Both these terms encompass a
diverse range of activities. Forensic science can also be defined in a wider perspective
to include fingerprint examinations, forensic Biology, anthropology including forensic
medicine, odontology, psychiatry, Forensic Chemistry and toxicology, questioned
documents examination, and also include firearm, tool mark, examination and
Criminalistics as well.

Criminalistics is a discipline of forensic science, which is concerned with the


recognition, identification, individualization, and evaluation of physical evidence by
using the methods and techniques of the natural sciences in matters of legal significance.
It includes all the areas of traceevidence examination and forensic chemistry. It also
includes the reconstruction of events based on physical evidence analysis.

Different forensic scientists would define the scope of the field differently. Some would
include firearm and tool mark examination and questioned documents as a part of
Criminalistics. Despite the implications of the name, Criminalistics activities are not
limited to criminal matters; they are also used in civil law cases and in regulatory
matters as well. People who are engaged in Criminalistics as a profession are called
criminalists. Regardless of the title criminalists or forensic scientists both are active
participants in the criminal justice system.

The major specialty areas included in the wider definition of forensic science are
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briefly described as follows:

Forensic Biology and Serology: The Forensic Biology division help in the
identification of all the biological materials (including plants and animals), whereas as
per the definition of serology it is the study of serum and allied body fluids; forensic
serology division receive the samples of blood and physiological fluids which are
examined for the purpose of identification and individualization. The type of material
collected from crime scenes or from articles of physical evidence is identified and
compared with the specimen provided. In some of the laboratories the DNA unit works
as a separate division. DNA Testing: In the early years of DNA testing, the courts
mostly concerned with its reliability as evidence. But in the last few years, however,
DNA technology has made significant progress to become more discriminating
methods. The DNA profiling has revolutionized the forensic identification and the
criminal justice system by providing the courts a reliable means to identify the
perpetrators with a high degree of confidence. Present-day DNA evidence analysis is
much more proficient in exonerating wrongfully convicted defendants and can play
significant role in assuring a fundamentally fair criminal justice system.

Forensic anthropology is branch of science deals with the personal identification based
on bodily measurements and particularly skeletal remains. Practitioners are called
physical anthropologists who are interested in forensic problems. Other areas of
forensic anthropology include generation of data bases by measuring different bodily
structures and finding relationship to identify sex, age, race, stature, and so forth.

Forensic medicine (legal medicine; medical jurisprudence) is the application of


medicine and medical science to solve the legal problems. Practitioners of forensic
medicine are medical doctors with specialty certification in pathology or in forensic
pathology. They conduct postmortem of the bodies brought by police and are concerned
with determining the cause and circumstances in cases of questioned death. They also
become involved in matters related to insurance claims, and sometimes in cases of
medical malpractice.

Forensic Odontology: It is also called forensic dentistry is the application of dentistry


to human identification problems. Forensic odontologists are dentists who specialize in
the forensic aspects of their field.

They are concerned with the identification of persons based upon their dentition, usually
in cases of otherwise unrecognizable bodies or in mass disasters. They also analyze and
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compare bite mark evidence in many types of cases. Forensic chemistry and toxicology
has to do with the determination of toxic substances present in human tissues and
organs. Much of the work concerns with the role toxic chemicals might have played in
causing or contributing to the death of a person.

Criminalistics includes all the areas of trace and transfer evidence such as glass and soil,
fibers and hairs, blood, and physiological fluids. It also includes arson accelerant and
explosive residues, drug identification and the interpretation of different patterns and
imprints. It is the broadest of the subdivisions of forensic science.

Questioned documents examination includes comparisons and interpretation of


handwriting, mechanically produced material (typing or printing), and photocopied
material. Analysis of papers, inks, and other materials used to produce documents may
also be included.

Firearm and tool mark examination has to do with firearm identification, comparison
of markings present on bullets and other projectiles, cartridge cases, and shell cases,
especially for the purpose of determining that a bullet may have been fired from a
particular weapon. Tool mark examinations are concerned with the association of
particular impressions with particular tool.

Fingerprint examination is concerned with the classification of fingerprints and the


organization of sets of prints into usable files. Development of latent prints and
comparisons of known and unknown fingerprints are a part of the work as well.
Fingerprint identification has been admissible as reliable evidence in criminal trials in
our country since 1911.

Some of the forensic science activities can be classified under more than one of the
major subdivisions mentioned above. Tool mark comparisons, for example, are
sometimes considered part of Criminalistics and sometimes as part of the separate
firearms and tool marks specialty. Similarly, hair comparison is usually considered a
part of Criminalistics, but it could just as well be considered a part of forensic
biology/anthropology.

Any classification scheme for all the different activities is, therefore, somewhat
arbitrary. One person can't be expert in all the sciences and their methods, and it is for
this reason that forensic science contains subspecialties. The subspecialties develop
around a particular type of physical evidence, or around a particular group of methods
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and procedures. Some forensic scientists are generalists. They have broad training and
experience in most of the basic areas of criminalistics, can carry out a variety of different
physical-evidence examinations knowledgeably, or more importantly, refer specific
aspects of a case to specialists.

But according to the Daubert, there are certain important difference between the quest
for truth in the laboratory and the quest for truth in the courtroom. Scientific conclusions
are not exclusive and are subject to continuous modifications. On the other hand, it is
the duty of the judiciary to resolve disputes finally and at the earliest. In criminal cases
accused are convicted on the basis of testimony from forensic science experts, therefore
much depends upon the reliability and accuracy of the techniques used to analyse
evidence and the report presented before the Court of Law.

To sum up, the modern scientific methods for investigation of crimes are very much
necessary in order to make the Criminal Justice System very effective to fight against
crime and combating terrorism. Researchers and the practitioners of forensic science
must appreciate the value of scientific evidence and help in increasing its importance
to the criminal justice system. This will enhance the efficiency of law enforcement
agencies.

Forensic science can be used to:

• Prove elements of a crime

• Verify or discredit victim or suspect statements

• Identify decedents or suspects

• Establish a connection to a crime or crime scene

Forensic science is a critical element of the criminal justice system. Forensic scientists
examine and analyze evidence from crime scenes and elsewhere to develop objective
findings that can assist in the investigation and prosecution of perpetrators of crime or
absolve an innocent person from suspicion. Common forensic science laboratory
disciplines include forensic molecular biology (DNA), forensic chemistry, trace
evidence examination (hairs and fibers, paints and polymers, glass, soil, etc.), latent
fingerprint examination, firearms and toolmarks examination, handwriting analysis, fire
and explosives examinations, forensic toxicology, and digital evidence. Some forensic
disciplines practiced outside forensic laboratories include forensic pathology, forensic
nursing, forensic psychiatry, forensic entomology, and forensic engineering.
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Practitioners of these disciplines are most often found in medical examiner or coroner
offices, in universities, or in private practices.

The Department of Justice maintains forensic laboratories at the Bureau of Alcohol,


Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, and the
Federal Bureau of Investigation. The Department, through the National Institute of
Justice, is a sponsor of cutting-edge research. Its labs serve as a model for government
forensic agencies at the federal, state and local levels. The Department strives to set the
global standard for excellence in forensic science and to advance the practice and use
of forensic science by the broader community.

Types of Evidence

Forensic scientists often work as generalists, meaning that they have expertise in
working with a wide variety of evidence types. However, many also specialize in the
use of certain techniques and tools. Different types of evidence require different skills
and equipment. Types of evidence that are most frequently analyzed during
investigations include: trace evidence and biological and ballistic evidence. Trace
evidence is found wherever an object or person has had contact with another object or
person and each of the objects leaves behind some sign of its having been there.
Fingerprints and tire tracks are examples of trace evidence. Biological evidence will be
found wherever there is bodily fluid or human or animal remains, and can include DNA
testing. Ballistics is the study of firearms and, in particular, the path that a bullet takes
during flight.

FUNCIVIC JILIILE UNCIL

i) Biological Evidence: In examining biological evidence, forensic scientists use tools


both at the scene, and in the lab. When a forensic scientist arrives at a crime scene, he
may look for human remains, blood or other bodily fluids and collect samples of any
that are found. Because not all bodily fluids (particularly those that have been cleaned
up after) are visible to the naked eye, the scientist can use the chemical Luminol to show
latent traces of blood. Where large quantities of blood are present, an expert in blood
spatter analysis can examine the patterns and size of the bloody areas to determine
information such as the trajectory of the blood. This data can help an investigator deduce
what type of weapon was used, or where the perpetrator and victim were standing during
the attack.

ii) DNA Evidence: DNA evidence uses the unique genetic markers that identify
individuals to determine whether a person was at a scene, or to identify a piece of
property as belonging to a specific person. In order to identify an individual's DNA it
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must be extracted from a piece of property that a person has had contact with, and has
left a bodily fluid such as semen, blood or saliva on. The scientist performs tests that
identify genetic markers and create a profile that is unique to that person, and can be
compared to a sample taken from any individual. Scientists may also attempt to get
enough blood from evidence to conduct toxicology testing, to determine the presence of
alcohol, drugs, poisons or chemicals.

iii) Trace Evidence: Trace evidence is found where two objects have made contact with
each other. When a person or an object touches another object, some 'trace' of the two
will be exchanged. This is the theory behind the analysis of fingerprints, tire and
footprints, and fiber analysis. Technicians lift fingerprints from surfaces by dusting the
area with a powder which sticks to the oils in the fingerprint. She then employs
fingerprint lifting tape to take the print from the surface to the lab, where it can be
analyzed. In the case of a footprint, tire track or other pattern that was left in an outdoor
area, a forensic scientist can fill in the depression with plaster, which can be removed
after it sets up. The casting is taken to a lab where it is stored until needed, or compared
against a known sample, such as a suspect's shoe.

iv) Ballistics: Some forensic scientists specialize in the field of ballistics testing.
Ballistics is aNscience that involves the science of the flight path that a bullet takes as
it travels to its target. Trained ballistics specialists can glean a tremendous amount of
information about the type of weapon that was used, the path of the bullet and more
through the examination of the bullet itself. Guns produce a specific pattern of wear and
grooves on bullets as they are fired, and this pattern is unique. By examining the bullets
and test-firing weapons, an investigator can frequently either identify the type of firearm
that was used, where it was fired from, or even match the bullet with a specific weapon.

Scope of Forensic

Science Forensic science has shaped the world of justice, fuelling crime investigations
and signifying the progress of modern technology. Forensic science of today covers:

. Modern computer/clay facial reconstruction;

. DNA fingerprinting;

• Autopsy techniques;

• Forensic anthropology;

• Toxicology and much more.

What more reliable method is there to prove innocent or guilty other than through
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science?

Forensic Psychology

Psychological evaluation is regarded as the key to human brain in crime investigation.


There are certain steps to be followed in psychological evaluation, which includes:

I Psychological profiling

ii. Psychological assessment

iii. Polygraph

iv) Brain Electrical Oscillation Signature Profile (BEOS)

v) Narcoanalysis

Psychological Profiling Psychological Profiling is the study of the psychological


background of the person. This is done for the complete understanding of the individual.
It consists of the following:

a) Personal History: Family, childhood behaviour, education, occupation, health, sex


marriage, emotional and fantasy life, habits, moral life alcohol or substance use,
religious and other cultural ballets, interpersonal and social relationships.

b) Mental Status Examination: Presence of psychiatric and neurological symptoms,


abnormality in orientation, attention, concentration, memory, speech, perception, mood,
thought processes, judgement, incite and other behavioural manipulations are assessed.

Psychological Assessment

This assessment helps us to understand the personality, attitudes, beliefs, moral values,
behavioural patterns of the individuals and specially their tendency to commit crimes.
Assessment also aims at cheching for the presence or absence of various forms of
abnormal behaviour and personality disorders that can lead to criminal behaviour. It
also reveals a person's tendencies to lie, fake, manipulate, put himself in good or bad
light etc. especially in a standard social situation.

Polygraph: It measures physiological responses produced by inducing stress by asking


questions.

This is done by:

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• Verifying the veracity of statements of suspect, witness and complainant in crimes.

• Economize the process of investigation by creening large number of suspects.

• Corroborates or rules out the possibility of someone's involvement and helps


investigation.

• Variety of testing formats available based on the nature of case and information
available.

Brain Electrical Oscillation Signature Profile (BEOS):

This was developed by Dr. Mukundan based on the concept of Experiential Knowledge
(EK). EK is the memory acquired when an individual participates and is fully involved
in an event (Crime) which becomes an experience.

Probes related to the crime activates memory (EK) related to the experience of
committing the crime causing significant electrical changes in the brain.

Scope of BEOS:

. Checks for the individuals involvement in a crime.

. Differentiates the extent of participation of each individual in the crime. •

Various possibilities about the way the crime was committed can be tested.

• Acquires information directly from the brain and does not require the person's
participation leaving no scope for manipulation.

Narcoanalysis

It is a method of psychological investigation in which the conscious or unconscious


unwillingness of a subject to express memories or feelings is diminished by the use
of a barbiturate drug. It is an invasive technique in which sodium pentothal, a drug is
injected to the subject to induce a semiconscious state and disinhibition and he is
interviewed on the details of the crime. Sodium Pentothal removes conscious control
and makes the person disinhibited. It makes him more relaxed, comfortable, open, free
and conversant.

Narcoanalysis is conducted at an operation theatre with the necessary facilities for life
support wherein the psychologist injects the drug and retrieves vital physiological
parameters and forensic psychologist conducts the interview.
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Scope of Narcoanalysis

. Scientific technique but can help elicit concealed information related to the crime. •
Helpful especially in cases of larger social interest like terrorism

• Results admissible in the court can help further investigation in a case. •

Court order is mandatory for Narco analysis.

Cyber Forensics

Cyber forensics also known as computer forensic science is a branch of digital


forensic science pertaining to evidence found in computers and digital storage media
. The goal of computer forensics is to examine digital media in a forensically sound
manner with the aim of identifying, preserving, recovering, analyzing and presenting
facts and opinions about the digital information. It is the art and science of applying
computer science to aid the legal process. Although plenty of science is attributable to
computer forensics, most successful investigators possess a nose for investigations and
a skill for solving puzzles, which is where the art comes in. - Chris L.T. Brown,
Computer Evidence Collection and Preservation, 2006.

Thus, it is more than the technological, systematic inspection of the computer system
and its contents for evidence or supportive evidence of a civil wrong or a criminal act.
Computer forensics requires specialized expertise and tools that goes above and beyond
the normal data collection and preservation techniques available to end-users or system
support personnel. One definition is analogous to "Electronic Evidentiary Recovery,
known also as e-discovery, requires the proper tools and knowledge to meet the Court's
criteria, whereas Computer Forensics is simply the application of computer
investigation and analysis techniques in the interests of determining potential legal
evidence."(1) Another is "a process to answer questions about digital states and events".
This process often involves the investigation and examination computer system(s),
including, but not limitied to the data acquisition that resides on the media within the
computer. The forensic examiner renders an opinion, based upon the examination of
the material that has been recovered. After rendering an opinion and report, to determine
whether they are or have been used for criminal, civil or unauthorized activities. Mostly,
computer forensics experts investigate data storage devices, these include but are not
limited to hard drives, portable data devices (USB Drives, External drives, Micro Drives
and many more).

Scope of Cyber Forensics

Cyber experts provides various Forensic Science services including- Forensic Expert
Opinions Under Section 45 of Indian Evidence Act on Questioned Document &
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Handwriting Analysis, Fingerprints, Forged Electronic Documents, Digital Document


Frauds, Disguised Documents, Spoofed Emails, Phishing emails, Phishing sites,
Copyrighted Websites, Original Author, Real Creator, Designer or Owner of Computer
Files, eContracts, eAgreements, Authenticity of Images, Photo, Camera, Video, Audio
Files, Film, Tape, Picture, Deleted Data Recovery, Digital Evidence Recovery,
Location of Email, IP Location, Website Registrar, Fake Content, Fake Profiles, Porn
Clips, Vulgar Emails, Spam Mails, Lottery Emails, Secure Deletion of Sensitive
Information, Retrieving user history, password recovery, login details recovery, MMS,
Sim Card Data Recovery, Call History on Mobile Phone, Deleted SMS Recovery,
Electronic Evidences.

• Forensic, Cyber and Legal Education is very important in the present day life.
• Improve Your Skills and Knowledge and Adds additional weightage to your basic
qualification.
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• Students can "attend" a course at anytime, from anywhere, Because there are no
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week.
• Students satisfaction with program services & positive impact on student’s experience.
• This Courses guides you through a complete method for Forensic Investigation, Legal
Framework and procedures.
• Placement Support in Forensic Laboratories, Detective Offices, Banks and other Govt.
and private agencies as Forensic Experts, Forensic Scientists, Investigator, Fraud
Examiner, Legal Consultant, Scientific Officers, Research Officers etc.
• Modern civilization is dominated by science and scientific development. As a result of
it, specialization in certain branches and industrialization has become the most important
aspect of scientific development, here we apply scientific skills and knowledge for crime
investigation. Collection, Mirror Imaging, Hash Value, Scanned Documents, Duplicate
Documents, Decipher, Invisible Writing, Hidden Evidences, Blackmailing Messages,
Suicide Notes, Disputed Documents, Legal Softwares, Forensic Work Stations, EnCase,
Forensic Tool Kit, iLook, Xway, Cyber watch, Guidance, Access Databases, Outlook
Express Email Recovery, Web Mail Traces, PDF Files, Excel Files, Litigation,
Threatening or Anonymous Emails / Chat, File or folder Age / Date/Time Analysis,
Cross Examination, Expert Testimony, Typewritten Document Examination, Computer
Printout Examination, Infrared / Ultra Violet Examination of Printed Papers, fake
agreements, Consumer Court related documents, Expert Consultation, Breach of
Confidentiality, Legal Consultancy, Wrongful Termination, Forensic Imaging, Forensic
Photography, and many more...

Common types of Cyber Crime in India:

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. Financial Crimes

. Cyber Pornography

• Sale od illegal article

. Online gambling

• Intellectual Property Crimes

• Email Spoofing

• Forgery

• Cyber Defamation

• Cyber stalking

Digital Evidence Recovery

This includes:

• Searching slack space

• Searching unallocated clusters

. Reconstructing the partitions if needed

. Extracting deleted files.

. Reading operating system registry and logs

. Extracting emails, web addresses, internet history, credit card numbers etc. .

Recovering the passwords set to the files Reading contents in printer spool files .

Reading mobile phone memory .

• Reading contents of sim cards

. Reading contents of additional memory cards

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• Extracting existing and deleted call logs, messages, address book, images etc.

Steps involved in Cyber forensics

• Identification: identify the media to be seized

. Seizure: use the right technique to seize the media

• Acquisition: making a forensic duplicate of the media

. Authentication: validation of forensic duplicate

• Analysis: techniques to look for evidence

• Presentation: putting together all the findings

• Preservation: storage of the suspect media

Explanation

Speaker Identification: It is the way of identifying a person solely by their speech. The
aim of speaker identification is to compare the sample from the unknown speaker with
the known set of samples and determine whether it was produced by any of the known
speakers. Importance of Speaker Identification Technique in Crime Investigation:

It plays a major role in solving the following types of cases:

. Bribery cases .

. Kidnapping for ransom

. Call girl rackets

. Obscene telephone calls

. Bomb threat calls

. Terrorist to claim credit for a terrorist action

• False telephonic message

• False fire alarms

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Tape Authentication: To determine whether or not a tape has been edited, tampered
with, or altered in any way. Video authentication is a process that is used to ascertain
the trustworthiness of a digital video.

In other words, a video authentication system ensures the integrity of digital video,
and verifies that the video taken into use has not been tampered.

Toxicology: It is a science embodying the knowledge, source, character, fatal effect,


lethal dose, analysis of poisons and the remedial measures.

Poison: It is a substance which is capable of producing injury or death to living beings,


when ingested or absorbed. Eg: LD 50 (Lethal Dose): It is a dose of a substance causing
death of 50% animals. Extremely toxic substance weighs less than 5mg Toxicology can
pull the following sections:

. Section 174 of Cr.P.C: Poison Consumption

• Section 302 of IPC: Murder

• Section 279 of IPC and Motor Vehicle Act: Accidents . Section 309 of IPC: Suicide

• Section 498(A) of IPC: Dowry Death

TLC: (Thin Layer Chromatography) This is a simple and sensitive technique routinely
used in forensic science laboratories. In this technique glass plates of size 20x20 cm are
coated with slurry of silica gel G. dried in oven at 110 °C. Extracts of the matrices are
spotted on these plates. Then plates are eluted in the developing chamber containing
solvent mixtures hexane: Acetone 8:8 V/v as a mobile phase. When solvent reaches
upto 10cm height, plates are removed, dried and sprayed with different visualizing
reagents. In TLC Rf-value is an important measure.

All pesticides, insecticdes, plant growth regulators, weedicides, herbicides,


fungicides and most of the drugs can be detected using this technique.

Visualization reagents for insecticides

• Organophosphorous: Rogor, Thimet: Mercurous nitrate, Mercuric nitrate-DPC .

Organochlorine: Endosulfan: NaOH followed by Nickel Amine . Carbamate

insecticides: Bagon: Tollen's reagent, Diazophenol reagent . Pyrethroids: NaOH

followed by FeSO4 followed by HCI, Resorcinon in NaOH . For Phenois, Cresois:


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lodine vapours, FeCl3 followed by K4Fe(CN)6 . Drugs, Plant Poisons:

Dragandorff's reagent, acidic KMnO4, Chromic acid Steps to be followed in

investigation of death by Poison Consumption: . Crime Scene

. Observation Hospitalisation to victim

. Collection of stomach aspirates by M.O.

. Collection of poison bottles, drug strip

. Suspicious articles

. Stained clothes

.Collection of Viscera in post mortem be CMO:

. Stomach intestine contents,

. Heart, Liver, spleen, lungs, kidneys

. Blood • Preservatives

Tools that are used in Forensic Examination & Investigation Forensic examination and
investigation is a field of science that is employed every day to help bring criminals to
justice. Television shows, such as "CSI: Crime Scene Investigation," have popularized
the field. But in real life, forensic examination involves long hours of careful
observation, testing and study. A number of special tools and techniques have been
developed to help investigators do their job.

Blood Testing: While not as accurate as genetic fingerprinting, testing for a blood type
is still a useful tool for helping to determine guilt or innocence. If a victim has type A
blood and a drop on a suspect's shirt turns out to be type B, it cannot have come from
the victim.

Comparison microscopes: These specialized microscopes allow forensic scientists to


compare two bullets at the same time. An evidence bullet is compared to one fired from
a suspect's gun under controlled circumstances. The comparison lets scientists tell if the
evidence bullet was also fired from the suspect's gun.

Neutron Activation Analysis: This process allows forensic scientists to compare shards
of a shattered bullet on an atomic level. The shards can then be compared with the
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metallic makeup of bullets found in a suspect's possession.

Autopsies: Autopsies are used to determine the time and cause of death. For example,
if a person has drowned, the blood on the left side of the heart will be diluted with water.
If a body has been found in a pool with undiluted blood, forensic scientists know that
the person was not breathing when they went into the water and was possibly killed
first.

• Electron Microscopes: Electron microscopes can magnify surfaces as much as


200,000 times.

• Chemical analyzers: Mass spectrometers and gas cinematographers are used to


analyze and separate chemical components, which is particularly useful in drug related
crimes.

History of Forensic Science

Medical exams to determine cause of death have been used for centuries, but the use of
science to investigate crimes and identify criminals began in the mid to late 1800s. The
first attempt to document the identity of offenders was called anthropometry, which
consisted of measuring and documenting the offender's body. By keeping these records,
repeat offenders could be identified, even if they gave a false name. It was soon
discovered that due to similar characteristics and measurement errors, this method was
not as reliable as was hoped. This method was replaced by dactylography, or the use of
fingerprints for identification. Because everyone has different fingerprints, this method
has been extremely successful and is still in use today. The next major advancement in
forensic science did not occur until the 1980s when scientists were able to decode
human deoxyribonucleic acid (DNA). This allowed for the identification of a suspect
through hair, skin cells, saliva, blood, and semen. DNA has become a reliable way to
connect a suspect with a crime scene and to identify human remains. As this science
progresses, new collection and testing methods have allowed investigators to get useful
DNA samples from very small or degraded specimens .

The word "forensic" comes from the Latin word "forensic" that means of or before the
forum and the term science has been derived from the Latin word "scire" which means
to know. The history of the term forensic originates from Roman times . In 44 bce ,
Brutus and Cassius led a group of Roman senators, they violently plunged theri blades
into Julius Caesar .

Forensic science is not only used to identify people but also to locate or recreate a crime
scene. Chemicals such as luminol and Hemident have been developed to identify blood
in a crime scene, even if it has been cleaned. Once the blood is located, blood spatter
analysis can be conducted to recreate the scene. Based on the size and shape of a drop
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of blood, investigators can determine which direction the droplets were traveling or how
far the drops fell before hitting the floor. Information from several drops of blood can
be used to locate where the victim or suspect was standing when the blood hit the floor.

ETHICS AND FORENSIC SCIENCE the application of science to civil and criminal
law-is a field that is grounded in applied ethics. The identification, collection, and
preservation of any piece of forensic evidence will ultimately involve numerous
individuals. At any step within the process, evidence can be deliberately or accidentally
mishandled. This risk begins at the scene of the crime, where there is the possibility of
evidence planting, destruction, or mishandling. After the scene has been processed,
evidence is then sent to a forensic laboratory for analysis. Here, it can be subject to
contamination through poor testing methods, excess consumption, mislabeling, and
even loss or destruction. After the analysis has been performed, those analyzing the
evidence must then report on their findings. Personnel must be accurate and honest
when reporting their examination results. There have been instances uncovered where
individuals trusted with such reporting have misrepresented their findings, and have
even been involved in drylabbing, which is the reporting of results based on forensic
analysis, when no test or analysis was ever performed. These errors, omissions, or
completely fraudulent testimonies or reports are of special concern due to the fact that
forensic evidence that is testified to or reported on by "experts" is routinely given more
weight and consideration by jurors. As a result, false testimony, inflated statistics, and
laboratory fraud have led to wrongful conviction in many U.S. states, due in part to
jurors' trust in the system, but with forensic fraud being the impetus. Ethics and Forensic

Testimony As was stated earlier, juries and jurors give increased weight to the testimony
of forensic experts. They are correct in doing so in some respects, since criminalistics
(the field of forensic analysis) "has as its primary objective a determination of physical
facts which may be significant in legal cases." (Barnett, 2001) Therefore, an ethical
analyst has an obligation to the truth-and as such, they have an obligation not to mislead
the jury, defense, or the state when testifying before the court, or when preparing their
reports relating to their analyses of forensic evidence. While there exists no single
ethical code that applies to all disciplines of forensic science-or to all practicing
criminalists—there are two primary organizations that have developed ethical codes
relating to forensic testimony and the presentation of forensic analyses within court.

The American Board of Criminalistics (ABC) and the American Academy of Forensic
Sciences (AAFS) are two of the primary professional organizations for forensic
scientists within the United States. The ABC Code of Ethics requires each certified
member to ensure that any opinions rendered with regard to their analyses are done so
"only to the extent justified" by the evidence in question, and to also ensure that the
testimony given is presented "in a clear, straightforward manner" that in no way
misrepresents or extends "themselves beyond their field of competence." Testimony
should be given "in such a manner so that the results are not misinterpreted." (ABC,
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2010)

FURENSIL SCIENCE UNII

The AAFS Code is equally as articulate in spelling out the expectation of its members,
stating that members shall not "materially misrepresent data or scientific principles
upon which his or her conclusion or professional opinion is based." (AAFS, 2010) An
addition to the AAFS Code is a section that lists "Guidelines" for members and analysts.
Under this section, it lists that analysts should "adopt good forensic practice guidelines,
and that unlike attorneys, forensic scientists are not adversaries. They take an oath in
court to tell the whole truth. They should make every effort to uphold that oath. Every
reasonable effort should be made to ensure that others (including attorneys) do not
distort the forensic scientist's opinions." (AAFS, 2010) Forensic Science Gone Awry
The March 2009 issue of the Virginia Law Review included an article entitled "Invalid
Forensic Science Testimony and Wrongful Convictions". This study, conducted by
Brandon L. Garrett and Peter J. Neufeld, was the first study undertaken to explore the
relationship between forensic testimony and convictions ultimately leading to
exonerations based upon post-conviction DNA analysis.

The study sought out court transcripts and results for the 156 exonerees who had been
identified at that time, with ultimately 137 being located for review. The testimony that
was reviewed for the 137 exonerees primarily involved serological analysis testimony
(100 cases) and testimony regarding microscopic hair comparison (65 cases), due to the
majority of the cases being sexual assaults. Of those reviewed for this study, 82 of the
cases, or approximately 60%, included invalid forensic testimony by prosecution
experts, or "testimony with conclusions misstating empirical data or wholly
unsupported by empirical data." According to the article, two basic categories of invalid
scientific testimony were recurring themes within the cases reviewed. "1) The misuse
of empirical population data. 2) Conclusions regarding the probative value of evidence
in the absence of empirical data."

The six types of invalid testimony that were identified pertained to the following: •

Evidence that was non-probative presented as probative;

• Discounting exculpatory evidence;

. Inaccurate presentation regarding statistics or frequency;

• Providing statistics without supporting empirical data;

• Non-statistical statements made without supporting empirical data;

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Conclusion of evidence originating from the defendant without supporting empirical


data. In a statement made at a hearing before the Committee on the Judiciary, 107th
Congress, Senator Orrin Hatch commented on the need to provide new resources for
forensic science, while referring to the unethical work of an Oklahoma City forensic
analyst, Joyce Gilchrist. This isolated situation should not be used unfairly to indict the
thousands of forensic scientists who perform their work professionally and responsibly.
It should, however, remind us that those who work in our criminal-justice system have
an obligation to be diligent, honest, and fair-minded. However, while not attempting to
disagree with the Senator's remarks, what this study found was that it was not
necessarily a "few bad apples" that made the bunch bad, and these were not isolated
incidents simply involving a handful of analysts. The trials reviewed included invalid
testimony by 72 forensic experts, employed by 52 different agencies, in 25 different
states. As shocking as these statistics may seem, more shocking is that in the majority
of these instances, "defense counsel rarely cross-examined analysts concerning invalid
testimony and rarely obtained experts of their own." In the rare cases in which invalid
forensic testimony was challenged or in dispute between the prosecution and defense,
"judges seldom provided relief." Ethics at the Crime Scene

The variety of crime-scene types and circumstances facing forensic investigators


produces many ambiguous situations that do not conform to a specific policy or
procedure. This, coupled along with the fact that their skills and knowledge in the
forensic investigation may assist in establishing the innocence or guilt of a defendant,
mandate that professional ethics and integrity be essential to a forensic investigator's
decisions and efforts.

A forensic practitioner's ultimate obligation is to the truth. He or she must never be


biased for or against a suspect in an investigation. Legal, scientific, and ethical values
can become tangled in the courtroom; however, the most important aspect of the trial is
that the guilty are convicted and the innocent are exonerated (Fish, Miller, & Braswell,
2007). The sole obligation must be to serve the aims of justice. Of ultimate importance
is that the forensic practitioner conducted their efforts in a thorough, competent,
unbiased manner.

To ensure ethical behavior, veracity of testimony, and professionalism among


individuals engaged within the field of crime-scene investigation, some departments
and organizations have implemented a code of ethics that an employee must sign and
agree to function by as terms of their employment or membership. For an example of
one of these codes, the reader is directed to the website of the International Association
for Identification (IAI) to peruse their listed "code of ethics" for certified crimescene
personnel (IAI, 2010). Other examples of codes of ethics can also be located on the IAl
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website, for various crime-scene related positions. No forensic investigator wants to


live with the possibility that a guilty person escapes prosecution or that an innocent
person is punished based on his or her actions or inactions. There-fore, he or she should
do everything possible to preserve the chain of custody, take all necessary precautions
to prevent cross contamination or deterioration of physical evidence, and leave the
forensic analysis up to the criminalists and the courts. It is up to the judicial system, not
the crime scene personnel, to weigh the evidence and come to a determination of guilt
or innocence (Fish, Miller, & Braswell, 2007). A search of recent cases involving
mismanagement, improper documentation, unethical testimony, and improper analysis
of physical evidence is bound to bring the searcher a plethora of cases associated with
such matters. Of course, these are only a sample of those that made headlines.

For each that made the headlines, there are perhaps dozens that did not. Ethics-or lack
thereof-has been found to permeate all areas of the criminal-investigative process. With
very little research effort, the reader will find that there are ethical transgressions that
occur at all steps in the evidentiary process: crime-scene security, physical evidence
collection and documentation, physical evidence processing and analysis, testimony
regarding all aforementioned phases, and final evidence disposition. These issues are
not isolated to particular geographic regions or to particular departments.

They are instead a product of training (or lack of) and personal values (or lack of), that
can be present in any setting. An examination of unethical issues relating to crime-scene
work shows a variety of motivations for committing unethical acts. Sometimes the
motivation is greed; other times, it is power, status, or promotion.

But more often it is a case of the individual forgetting that his or her obligation is to the
truth and not to one side or the other. Many times individuals feel as though they are
members of a particular team (prosecution?), and thus may fail to present testimony or
analysis that could prove damaging to the prosecutorial team and would be tantamount
to letting the team down. As addressed previously, many times such instances can be
avoided through a thorough background investigation, proper ethical training, and
correct management practices.

PRINCIPLES OF FORENSIC SCIENCE

Locard's Principle of Mutual Exchange Edmond Locard is unarguably most famous for
his formulation of Locard's Principle of Mutual Exchange, a theory that relates to the
transfer of the trace evidence between objects to which they come in contact with. The
principle can also be stated as:
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"EVERY CONTACT LEAVES A TRACE"

This principle was first enunciated by the French scientist Edmond Locard. It states that
whenever a contact is established between two surfaces, there will be a mutual exchange
of matter across the contact boundary i.e. when a criminal or his instruments of crime
comes in contact with the victim or the objects in its vicinity, they will always exchange
some traces with each other. According to this principle, it is virtually impossible for a
criminal to commit a crime without leaving evidence behind and carrying away with
him. Likewise, the criminal or his instruments also pick up traces from same contact. If
these trace evidences left on the crime scene and accused are properly examined, these
can establish a decisive link between the suspect and the victim or ascertain their
presence with the scene of crime, which forms the basis of scientific crime investigation.

Although Locard's exchange principle largely states that "when a contact occurs
between two items, there will always be an exchange of matter between them," Edmond
Locard never actually wrote those words in the vast amount of material he produced,
nor did he mention anything concerning this principle. Locard, however, did write the
following: "It is practically impossible for a criminal to commit the crime, especially
considering the intensity of a crime, without leaving traces of his presence." This
elaborates the fact that Locard had a strong belief that no matter wherever the criminal
escapes or what a criminal does, how efficient he is, he will always leave something or
the other at the scene of crime. At the same time, he will also take something back from
there along with him.

A criminal can leave all sorts of evidences, including fingerprints, footprints, hair, skin,
muscles, blood, bodily fluids, pieces of clothing and other types of evidences possible
according to the nature of crime. By coming into contact with these things at the crime
scene, a criminal also takes a part of that scene with him, whether it's dirt, hair or any
other type of trace evidence. Dr. Locard justified this principle during many of his
scientific investigations. In one of the investigations in the year 1912, when he
investigated the case of a Frenchwoman named Marie Latelle who was found dead in
her parents' home.

Her then boyfriend, Emile Gourbin, was interrogated by the police. He claimed he had
been playing a game of cards with some of his friends on that fateful night of the death
of her girlfriend. Later when his friends were questioned, it became clear that he was
telling the truth. Later when Locard examined at the body of Marie Latelle, however,
he was led to believe otherwise. He first examined Latelle's body and found a clear
evidence that certainly she was strangled to death. He then scraped underneath the
fingernails (trace evidence in this case) of Gourbin for taking the skin cell sample. He
later viewed the results underneath a microscope. Very soon, Locard noticed a pink dust
among the samples he collected from his prime suspect, which he figured to be from
ladies makeup.
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Thus, the principle of mutual exchange helped Locard to come a decisive output as to
the involvement of Gourbain in Marie's strangulation. The basic requirement of the
principle is the correct answer to the question 'What are the places or objects with which
the criminal or his tools actually came in contact during the commission of the crime?
If the investigating officer manages to somehow establish the correct points of contact,
and Later when Locard examined at the body of Marie Latelle, however, he was led to
believe otherwise. He first examined Latelle's body and found a clear evidence that
certainly she was strangled to death. He then scraped underneath the fingernails (trace
evidence in this case) of Gourbin for taking the skin cell sample. He later viewed the
results underneath a microscope. Very soon, Locard noticed a pink dust among the
samples he collected from his prime suspect, which he figured to be from ladies makeup.
Thus, the principle of mutual exchange helped Locard to come a decisive output as to
the involvement of Gourbain in Marie's strangulation. The basic requirement of the
principle is the correct answer to the question 'What are the places or objects with which
the criminal or his tools actually came in contact during the commission of the 14 she
investigating officer manages to somehow establish the correct points of contact, and
thus a correct investigatory lead, he is most likely to be benefited in the investigation.
The followings are the most probable locations: Point of entry: If a criminal enters the
premises through a footprints/fingerprints in dust on the shelf. At crime scene: While
committing a crime, if he breaks a window or a door, the jimmy leaves its mark over
the wooden frame or the burglar, who opens the safe by using an explosive or by any
other means - hammering etc, leaves the area around and the clothes (including shoes)
covered with insulating material as well as some exploded and unexploded material.
Point of exit: After committing the crime when the criminal tends to leave the crime
scene, he is most likely to leave and carry some minute traces for example his footprints
at the point of exit. It is although very rare that he dares to or neglects to leave or carry
gross objects or traces on a thorough search, (the ambiguous traces will always be found
in all the types of crimes one does). These trace evidences left owing to the principle of
exchange; help to connect the crime and the criminals as effectively as the bigger objects
or traces.

LAW OF INDIVIDUALITY

'Every object, natural or man-made, has an individuality which is not duplicated in any
other object or in other words No two things in this universe are alike even when they
are manufactured in the same machine one after the other. This principle, at first seems
to be contrary to the common beliefs and observations made. The minute grains of sand
or common salt, seeds of plants or twins look exactly alike. Similarly, the manmade
objects like coins of the same denominations manufactured, currency notes printed with
the same printing blocks one after the other (excluding serial number of the currencies)
and typewriters of the same make, model and batch appear to be indistinguishable. Yet
the individual characteristics are always there. There are small flaws in the materials,
through mixing of raw material; fluctuation in electricity; wear and tear defects of the
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machine; in the arrangement of the crystals, imperfect stamping or due to inclusion of


some extraneous matter.

These individual characteristics can be useful in distinguishing intra and inter batch
variations. The most extensive work has been carried out on fingerprints. Several

fingerprints, up to the order of millions, have been examined but no two fingerprints;
even from two fingers of the same person have ever been found to be identical. In a
series of experiments carried out by the scientists on superimposition techniques for
fingerprints, footprints, tool marks, obtained from various parts of firearms, it was
observed that with the best of efforts, exactly alike superimpositions even imprints from
the same finger could not be produced.

The fingerprints were taken one after the other, on the same paper with the same ink
and by the same person; yet they failed to give perfect superimpositions. Imperfect
inking, unequal pressure, slight differences in the text the surface of the paper or
interferences from extraneous matter always introduced some differences. The law of
individuality has fundamental importance and form the basis for forensic identification.
Anything and everything involved in a crime has individuality. If the same is
established, it link the crime and the criminal. LAW OF PROGRESSIVE CHANGE
Another important principle which affect the quality of analysis and their results in the
lab or otherwise is the law of progressive change. According to this principle
'Everything changes with the passage of time'

The rate of change varies tremendously with different type of objects. It has a giant
impact on the forensic science investigations. For example

1. The criminals undergo several progressive changes with time. If he is not


apprehended in time, he becomes unrecognizable except perhaps through his
fingerprints, bone fractures or any other characteristics of permanent nature, which may
or may not be always available, therefore not dependable.

2. The scene of crime also 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).

3. The evidences involved in crime may be affected by external conditions, change


gradually like the firearm barrels loosen, metal objects rust, the shoes or shoe prints
suffer additional wear

fingerprints were taken one after the other, on the same paper WILII LIIC DUI..... .. -
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,person; yet they failed to give perfect superimpositions. Imperfect inking, unequal
pressure, slight differences in the text the surface of the paper or

interferences from extraneous matter always introduced some differences The law of
individuality has fundamental importance and form the basis for forensic identification.
Anything and everything involved in a crime has individuality. If the same is
established, it link the crime and the criminal.

LAW OF PROGRESSIVE CHANGE Another important principle which affect the


quality of analysis and their results in the lab or otherwise is the law of progressive
change. According to this principle 'Everything changes with the passage of time' 24
JUCATION HUB

The rate of change varies tremendously with different type of objects. It has a giant
impact on the forensic science investigations. For example

1. The criminals undergo several progressive changes with time. If he is not


apprehended in time, he becomes unrecognizable except perhaps through his
fingerprints, bone fractures or any other characteristics of permanent nature, which may
or may not be always available, therefore not dependable.

2. The scene of crime also 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).

3. The evidences involved in crime may be affected by external conditions, change


gradually like the firearm barrels loosen, metal objects rust, the shoes or shoe prints
suffer additional wear and tear and the tools acquire new surface patterns. The degree
of change depends upon the time, the upkeep and the use or the misuse of the particular
object. In course of time the object may sometimes lose all practical identity vis-à-vis a
particular crime. So, the principle demands prompt action in criminal investigations.

PRINCIPLE OF COMPARISON

This principle is very important particularly in the laboratory investigation i.e. the type
of specimen or sample required for comparison in the lab. It states that 'Only the likes
can be compared It emphasizes the necessity to provide like/similar type of samples and
specimens for comparison with the questioned items. For example, in any murder case
if a bullet is found from the body of the deceased and the expert opinion states that the
bullet has been fired from a high velocity firearm, useless to send in for a shotgun or
pistols or revolvers for comparison of the firearm under question. Similarly, if a bunch
of hair is recovered from the hands of a deceased and the expert opines that the hair
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belongs to a Negroid person, in such a case, hair from persons of white races for
comparison will not be of any use. Another example can be if the questioned document
contains type written text, then there is no use in sending handwritten or printed
specimens for comparison. So there is an important requirement, according this
principle is to supply specimen/samples of similar nature for proper comparison with
the questioned sample recovered from the crime scene.

PRINCIPLE OF ANALYSIS

This principle have great significance in the laboratory investigation of the clue
materials. It states that "The analysis can-be no better than the sample analyzed"
Improper sampling, contaminations render the best analysis useless. This principle
emphasizes on the necessity to collect proper sample and properly packed for effective
use of experts. In any rape case, the investigating officer collects the clothes of the
victim, which carry both blood, and semen stains. The investigating officer after
properly drying the clothes packs them in such a way that the affected area or areas
containing stains should not touch each other and not even to the walls of the container
and sends them to forensic science laboratory for examination. He wants to know if the
clothes carry semen stains, if so, to which blood group does the sample belongs.

LAW OF PROBABILITY

All identifications, be it a definite or an indefinite one, are made - consciously or


unconsciously, always on the basis of law of probability. 'Probability' is largely the most
misunderstood phenomenon. If we state that according to the law of probability, a
particular fingerprint has been taken from the given source, then the defense counsels
makes most of the word and plead that it is not a definite opinion i.e counters the
probability. Thus, it is not customary to consider 'probability' or 'probability figures' in
the court of law. Probability is a mathematical concept, which 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. If P represents
probability, N, the number of ways in which the event can successfully occur (with
equal facility) and N, the number of ways in which it can fail (with equal facility), the
probability of success is given by the formula: All identifications, be it a definite or an
indefinite one, are made - consciously or unconsciously, always on the basis of law of
probability. 'Probability' is largely the most misunderstood phenomenon. If we state that
according to the law of probability, a particular fingerprint has been taken from the
given source, then the defense counsels makes most of the word and plead that it is not
a definite opinion i.e counters the probability. Thus, it is not customary to consider
'probability' or 'probability figures' in the court of law. Probability is a mathematical
concept, which 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. If P represents probability, N, the number of ways in which the event can
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successfully occur (with equal facility) and N, the number of ways in which it can fail
(with equal facility), the probability of success is given by the formula:

P = Ns/(Ns + Nf) If the event consists of two occurrences, which can take place
independently, the probability of the second occurrence is also given by the same
formula. If we denote probabilities of the first and second occurrences by attaching
digits 1 and 2 to the relevant letters, the net probability (P.) are given by the formula:

Pt = P1 X P2 = Nsi X N52

Nsi + NA Ns2 + Ne PROBLEM OF PROOF The question of proof in a criminal trial


is becoming a difficult problem every day. It is related with men, law and facts. The
behavior of the men is habituated by their education, temperament, financial status,
intelligence and their bias. The law varies from land to land and is composed of
enactments, rulings, conventions and precedences. Changes in law are comparatively
slow. The facts can be proved or may be disproved owing to the circumstances and
physical evidences, through the witnesses. Witness may be eyewitness or they may be
expert witness. The latter base their findings on scientific observations. The evidence
is scrutinized by counsels and evaluated by courts.

1. Oral Evidence The dependence on the oral evidence is placed in accordance with the
observations of eyewitness. Although, experiences and experiments have repeatedly
proved that sometimes these can be unreliable.

ROLE OF PSYCHOLOGY IN FORENSIC SCIENCE

Psychology is defined as the scientific study of the human mind and its functions,
especially those affecting behavior in a given context. As an individual exhibits
purposeful behavior, it becomes socially significant to understand, to predict, and if
possible to influence the individual so that the society remains progressive and those
residing in it are happy. Psychology in its applied spirit aims at the research of its
theoretical base using scientific principles. The applied areas of the basic psychological
principles thus range across all spheres of the current complex social fabric; and hence
specialties like health psychology, sports psychology, clinical psychology,
organizational psychology, school psychology, to just name a few, have emerged. In
the current module effort would be made to give an overview of one such significant
area of applying psychology in the legal framework, namely forensic psychology.

The “Specialty Guidelines for Forensic Psychologists” (Committee on Ethical


Guidelines for Forensic Psychologists, 1991), defines forensic psychology as a field
that covers "all forms of professional conduct when acting, with definable previous
knowledge, as a psychological expert on explicitly psychological issues in direct

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assistance to the courts, parties to legal proceedings, correctional and forensic mental
health facilities, and administrative, judicial, and legislative agencies definable in a
judicial capacity". Simply stated, it implies that whenever any individual with his
unique set of thoughts, feelings and behavior comes in contact with legal systems, there
is an important duty of a forensic psychologist in making. Within the legal system, it
may be in the context of being proclaimed as an offender or it may be a role being
played towards proclaiming another individual as an offender.

The American Board of Professional Psychology (ABPP), while recognizing Forensic


psychology as a specialty, states it to be a science and profession of law engaged in
questions and issues relating to psychology and the legal system. In other words, it is a
field which aims at bringing down the scope of errors in human judgment as one
individual evaluates another, and aims at decreasing the

arbitrariness in it by applying the scientific understanding of human nature under the


legal circumstances.

In the "Petition for the Recognition of a Specialty in Professional Psychology" prepared


by Heilbrun (2000), on behalf of the America Board of Forensic Psychology and the
American Psychology-Law Society (Division 41 of the American Psychological
Association),it is defined as "the professional practice by psychologists within the areas
of clinical psychology, counseling psychology, neuropsychology, and school
psychology, when they are engaged regularly as experts and represent themselves as
such, in an activity primarily intended to provide professional psychological expertise
to the judicial system". From this, it is evident that there tends to be an overlap of
Forensic Psychology with certain other applied areas of Psychology.

Clinical Psychology focuses on recognizing, understanding and managing


abnormalities in humans. They basically deal with Psychiatric patients. Forensic
psychologists would be involved with these patients who may then indulge in behavior
which come in conflict with the prevailing legal systems. Also, for the sake of
sympathetic legal evaluation, some offenders may malinger, which the clinical
psychologist would need to confirm.

If these aspects have a neuro-psychological basis, and/ or are associated with structural
or functional deficits of the brain, the professional space would need to be shared with
a neuropsychologist. While planning on any form of initiatives to reform the convicts,
the counseling psychologist' services would be a part and parcel of the forensic
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psychologist endeavors. No juvenile offender can be dealt without a liaison with the
school psychologist. The legal system is ideally law based, wherein all decisions must
be by the rule book; in clear black and white. Yet, the psychologist brings forth the grey
part, and the forensic psychologist aims at keeping the system as black and white as
possible yet compensating for the inherent shades of grey of the human nature.

He does that by employing scientific robust methods. The traditional and specialized
methodology (e.g., interviewing, psychological testing) is modified for forensic
assessment through forensically relevant instruments, to elicit information relevant to
the legal question in hand. In this context, the aim of forensic psychology as a field of
practice is to generate products (information in the form of a report or testimony) to
provide to consumers (e.g., judges, jurors, attorneys, hiring law enforcement agencies)
information with which they may not otherwise be familiar to assist them in decision
making related to a law or statute (administrative, civil, or criminal). Hess (1999) while
describing forensic psychology keeps a wider view and considers it as having three
aspects: "(1) the application of basic psychological processes to legal questions; (2)
research on legal issues, such as the definition of privacy or how juries make decisions;
and (3) knowledge of legal issues" keeping the system as black and white as possible
yet compensating for the inherent shades of grey of the human nature. He does that by
employing scientific robust methods.

The traditional and specialized methodology (e.g., interviewing, psychological testing)


is modified for forensic assessment through forensically relevant instruments, to elicit
information relevant to the legal question in hand. In this context, the aim of forensic
psychology as a field of practice is to generate products the form of a report or
testimony) to provide to consumers (e.g., judges, jurors, attorneys, hiring law
enforcement agencies) information with which they may not otherwise be familiar to
assist them in decision making related to a law or statute (administrative, civil, or
criminal). Hess (1999) while describing forensic psychology keeps a wider view and
considers it as having three aspects: "(1) the application of basic psychological processes
to legal questions: (2) research on lega issues, such as the definition of privacy or how
juries make decisions; and (3) knowledge of legal issues"

FORENSIC SCIENCE UNIT-I

As an area of research, its goal is to design, conduct, and interpret empirical studies, the
purpose of which is to investigate groups of individuals or areas of concern or relevance
to the legal system. The term forensic psychology has two aspects associated with it.

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(a) Clinical-forensic psychology: this is associated with applications of clinical


specialties to the law.

(b) Legal-forensic psychology: This refers to the application of other areas of


psychology to the law (Bersoff et al., 1997; Careers and Training Committee, 1998).
The legal psychology aspect of forensic psychology is represented by three
specializations, namely, social, developmental, and cognitive psychology.

Role of Clinical - Forensic Psychology The application of clinical psychology implies


the mental health issues that may arise in both criminal and civil context of the legal
system. In the criminal law, the most common issues involves assessment of psychiatric
and psychological status of an individual who occupies any relevant role in a trial.

This may define his competency to stand trial, to take criminal responsibility (insanity
defense), competency of a witness, risk assessment (e.g., for discharge from hospitals,
parole, or probation), juvenile's amenability to treatment, juvenile transfer or waiver
(i.e. jurisdiction from juvenile court to adult court), or the possibility of violence
towards oneself or others. In civil law, the clinical - forensic psychologist may need to
contribute towards quantifying the cognitive and psychological status, such that the
functional capacity maybe viewed in areas like testamentary validity (i.e., ability to
competently compose a will), need for guardianship, need for involuntary psychiatric
hospitalization, compensation for psychological damages due to abuse of any nature,
compensation suits related to workplace harassment / personal injury, eligibility for
disability, eligibility for special education, fitness for duty (e.g., police, army men or
doctors), and the like. Similarly, clinical psychological consultation may be needed for
forensic assessment in family law matters, such as child custody, visitation, and
termination of parental rights. Although clinical forensic practice is largely towards
assessment, counselingpsychotherapeutic inputs towards treatment may also be sought.

There is an overlap with correctional psychologists in this area while dealing with
inmates, but clinical- forensic psychologists have contributed significantly while
working with divorced or divorcing families. What is characteristic of forensic clinical
treatment is its applicability to specific psycho- legal issues. For instance, forensic
psychologists may provide treatment to defendants adjudicated incompetent to stand
trial, with the aim of restoring these individuals to competency. In this case, the
psychologist applies not only general clinical treatment principles but must focus the
treatment on issues that are specific to the legal context.

They may also provide valuable expertise to other practitioners, agencies, and the legal
agencies regarding assessment parameters of risk of violence which includes the
appropriate use of specialized tests and actuarial instruments. Heightened concerns over
increasing school based violent outbursts, workplace aggressive incidents, and
widespread sex offences, the demand on clinical- forensic psychologist for providing
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reliable and valid instruments which have applicable generalizability has markedly
increased (Archer, Buffington-Vollum, Stredny and Handel, 2006). Role of Social
Psychology Social psychologists within this framework use social experiments to
provide scientific conclusions on issues such as jury selection (e.g., Johnson & Haney,
1994), credibility of witnesses (Bank & Poythress, 1982), and psychological influences
on jury decision making (Bornstein, 1999). The aim is to identify and understand group
dynamics along with individual variables that affect jury deliberations and decision
making. Social psychologists also view the legal system itself as an institution whose
processes can be subjected to psychological analysis, studying, for example, the relative
merits and demerits of the adversary system versus mediation and arbitration. Social
psychological paradigms, theories, and research methods are applied to legally
significant issues which are social but provide a context to the individual seeking the
interference of the legal framework. These may include the factors that have relevance
to certain races and gender, or other psycho-social variables like the perception of what
constitutes sexual harassment (e.g., Hurt, Wiener, Russell, & Mannen, 1999), without
the consideration of which the decision making in the criminal justice system may be
incomplete (e.g., Sweeney & Haney, 1992). Thus, a major chunk of forensic work here
is to apply the social psychological principles like those of attitude formation and
persuasion, group dynamics, social influence, social loafing and altruism, violence and
deprivation, social perceptions and stereotypes, to name just a few. Role of
Developmental Pscychology be subjected to psychological analysis, studying, for
example, the relative merits and 28 the adversary system versus mediation and
arbitration. Shological paradigms, theories, and research methods are applied to legally
significant issues which are social but provide a context to the individual seeking the
interference of the legal framework. These may include the factors that have relevance
to certain races and gender, or other psycho-social variables like the perception of what
constitutes sexual harassment (e.g., Hurt, Wiener, Russell, & Mannen, 1999), without
the consideration of which the decision making in the criminal justice system may be
incomplete (e.g., Sweeney & Haney, 1992). Thus, a major chunk of forensic work here
is to apply the social psychological principles like those of attitude formation and
persuasion, group dynamics, social influence, social loafing and altruism, violence and
deprivation, social perceptions and stereotypes, to name just a few.

Role of Developmental Pscychology Developmental psychologists when contributing


to legal psychology often conduct legally relevant consultations and provide empirical
basis to legal issues related to children and adolescents who are affected by decisions
of the law directly or indirectly. The range of issues at hand is wide, for example they
may include the accuracy and suggestibility of children's testimony (e.g., Ceci and
Bruck, 1995), or questions regarding the ability of adolescents to make legally relevant
decisions and to understand their rights, in letter and in spirit (e.g., Grisso, 2000).

The minors may be at the receiving end as in the case of divorce, separation, and
custodial arrangements; and the court must take into account the level of the child/
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adolescents' cognitivemoral-emotional maturity while making the final judgment (e.g.,


Wallerstein & Lewis, 1998). Its significance gets marked as children are at their
formative years wherein they are highly influenced by the environmental forces, be it
human or circumstantial. In the same breath, the impact of the legal decision is going
the change these minors' adult personality. A major field of inquiry has focused
circumstances wherein the testimony of child witnesses must be viewed credible. This
has been a particularly important area in light of some highly publicized cases of
elaborate child abuse rings. Developmental psychologists have made major
contributions also on the effects of age and types of questioning (e.g., direct versus
open-ended), and on the subsequent accuracy and suggestibility (e.g., Saywitz,
Goodman, Nicholas, & Moan, 1991).This field has also brought out the impact of
compelling children who were allegedly abused to testify directly at the trial of their
abuser (e.g., Goodman, Levine, Melton, & Ogden, 1991). This body of research led to
the submission of an amicus brief to the Supreme Court by the APAin the case of
Maryland v. Craig (1990). When a child or an adolescent is a perpetrator, the role of a
developmental psychologist becomes imperative to understand whether the exhibited
deviance had a purposive intend or was a misconstrued behavior in isolation due to the
absence of appropriate cognitive maturity to assess its implications. Thus, working of
any legal frame work in the absence of a developmental-forensic psychologist would
risk a minor to more victimization without the intention for it; and the impact would be
far reaching as it would color the affected persons predispositions as an adult. Role of

Cognitive psychology Perception and memory are the building blocks of a legal
proceeding. A cognitive psychologists provides the scientific base for the psychological
issues that may influence these.

By extrapolating the research findings on perception and memory substantial progress


has been made in objectifying legally relevant issues like eyewitness identification,
accuracy of witness memory (e.g., Loftus & Davies, 1984), issues related to "recovered
memories" (e.g., Alpert, Brown, & Courtois, 1998; Ornstein, Ceci, & Loftus, 1998),
and people's ability to detect lying or deception (e.g., Zaparniuk, Yuille, & Taylor,
1995). The general theory and research in cognitive processes like attention-
concentration, perception, memory span, illusions, errors in judgment, among other
areas have been applied for authenticating testimonies. Factors that affect memory-
includes stress, cross-racial identification, and deterioration of memory-all have
implications for the criminal justice system. For example, Wells et al. (1998) published
a set of recommendations and guidelines for lineups during eyewitness identification,
incorporating theory about the impact of relative judgment with experimental studies
on lineups and scientific logic, thereby removing confounding and influencing
variables.

But for the cognitive-forensic expert many a malingering would go unnoticed, or normal
human perceptual errors would result in faulty verdicts. Forensic psychology is thus a
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field with a whole range of applicability. The psychologists involved may not
necessarily have competence or expertise with all populations and/ or in all areas of
forensic practice. For example, psychologists who have been trained primarily to work
with children, adolescents, and families may then learn to apply their knowledge in
child custody cases but may not necessarily have the requisite background to assess/test
mental capacity in mentally ill adults. Unless a psychologist has trained in a correctional
or forensic setting, for example, he or she may not be familiar with, or competent to
assess, defendants who are psychopathic. Therefore, training in forensic psychology
needs to focus both on understanding the appropriate clinical population as well as
gaining the specialized legal knowledge and skills in forensic methodology. Psychology
in Forensic Laboratory Psychology has made its definitive way into the techniques used
in the assessment of individuals in the forensic laboratory. Some standardized
measuring psychological instruments have been developed specifically for forensic
evaluations, and have been successfully applied in various populations for profiling.

For instance, the COMPAS system designed to assess key risk and needs factors in adult
and youth correctional populations is highly psychologically loaded. It helps in
determining four kinds of risks (general recidivism, violent recidivism, non compliance,
and failure to appear) for use at a variety of decision points in the criminal justice system
(Derrick, Bancroft, & Cirincione, 2004). Similarly the IORNS was created by Dr. Holly
Miller in 2006 as an offender assessment of static risk, dynamic risk/need, and
protective strength factors.

It consists of 4 total indices, 8 scales, 14 subscales, and 2 validity scales (Psychological


Assessment Resources, 2010), in the areas of violent and sexual criminal behavior
(Miller, 2006). Rogers Criminal Responsibility Assessment Scales (R-CRAS), and the
Mental State at the Time of the Offense Screening Evaluation (MSE) are two examples
of psychological measures developed for insanity evaluations in terms of criminal
responsibility, and for ruling out defendants' mental abnormality, respectively
(Vijaynath, Anitha & Raju , 2009). Similarly, various core psychological measures have
made their way into forensics like Multiphasic Personality Inventory (Butcher et al.,
2001) and Revised NEO Personality Inventory (Costa & McRae, 1992). Significant use
has been made of instruments that are psycho-physiologically based and the evaluations
from the responses are done using core psychological constructs across clinical and
cognitive domains. The following need a notable mention but must be viewed as the
basic instruments as more and more sophisticated measures are being developed.

• Lie detector: originating from the Polygraph, lie detection based on sophisticated
measures of bio-feedback and continuous recording of minor variations on complex
computer programs, provides a whole range of instruments. The basic principle is to
provide psychologically arousing cues intermittently while monitoring the changes
using pulse, temperature, respiration, skin conductivity, or any other physiological
measure. In this process an individual trying to mislead by providing untrue information
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can be identified.

Brain fingerprinting: Brain fingerprinting is a forensic science technique that uses


electroencephalography (EEG) to determine whether specific information is stored in a
subject's brain by measuring electrical brainwave responses to words, phrases, or
pictures that are presented on a computer screen (Encyclopedia of Forensic Science
2014, Farwell & Smith 2001, Farwell, Richardson, and Richardson 2013). A cognitive
psychologist assists in interpreting the EEG variations and the interpretation of the
relevant material. Narco-analysis: In this analysis the subject's imagination is neutralized
by making him semiconscious. In this state, person cannot lie to any question. Experts
inject the subject with intravenous hypnotic medications like Sodium Pentothal or
Sodium Amytal. The dose is dependent on the person's sex, age, health and physical
condition. This process too cannot be conclusive without the active role of a forensic
psychologist. Criminal profiling: It is the profiling of offender based on
clinical/psychological analysis of the consistent behavioral and personality features.
After indepth accurate understanding of the psycho-social functioning, a profile is
created which assists in predicting the characteristics of unknown criminal subjects or
offenders, thus, leading to apprehending them.

Evolution of Forensic Psychology Münsterberg, a student of Wundt and a professor at


Harvard University, is generally credited with founding the field of forensic
psychology. His landmark book, On the Witness Stand (1908), brought out the
significance of a psychologist role within the legal framework. Partially based on his
experiences as an expert witness, he highlighted psychological issues involved in
memories of witnesses, crime detection, untrue confessions, hypnosis and crime, and
crime prevention. He is reported to have found it "astonishing that the work of justice
is ever carried out in the courts without ever consulting the psychologist". However, a
satirical article published in the Illinois Law Review by Wigmore(1909), a leading
scholar on the law of evidence, highlighted the 'grandiosity' in the claims made in
psychology's relationship to the law, which brought a temporary stop to the initiative.

Even when some forensic representations' were made, the qualification and training
relevance of the psychologists was put to questioning. In 1962, the D.C. Circuit Court
of Appeals held in Jenkins v. United States that psychologists could provide expert
opinions in court regarding mental illness at the time a defendant committed a crime.
In the opinion, Judge David Bazelon reviewed the training and qualifications of
psychologists. Writing for the majority, he indicated that experts on mental disease
could not be limited to physicians, but rather, such factors as training, skills, and
knowledge should serve as the basis on which experts were qualified. Consequently,
psychologists were accepted by courts as experts on a wide range of legal issues.
Similarly in 1954, the U.S. Supreme Court, in Brown v. the Board of Education, held
that school segregation was illegal. In this case, an appendix prepared by three
psychologists, Kenneth B. Clark, Isider Chein, and Stuart Cook, was included with the
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plaintiff's brief. Social science research, including the psychological effects of


segregation on the selfimage of children, was cited in 35 footnotes (Brigham & Grisso,
2002). Points raised in this appendix and in a subsequent response to the Court were
cited in the opinion, representing the application of psychological research to appeals
court decisions. In 2000, a petition was submitted to the APA in support of recognition
of forensic psychology as a specialty in professional psychology. In August 2001,
APA's Counsel of

Representatives formally approved forensic psychology as an area of specialization


within the field of psychology. In one of the earliest attempts to describe forensic
psychology as a specialization and simultaneously identify training needs, Poythress
(1979) wrote an article appearing in the American Psychologist, suggesting that
specialized training be provided in four specific domains. These includes:

(a) Legal tests and concepts

(b) Assessment

(c) Relevant literature

(d) Courtroom orientation DeMatteo, Marczyk, Krauss, & Burl based on extensive
survey extended the same into a total of six domains:

(a) substantive psychology (including core psychology courses);

(b) research design/methodology and statistics;

(c) research experience;

(d) legal knowledge;

(e) integrative lawpsychology knowledge;

(f) ethics and professional issues include both general and specific; and (8) clinical
forensic training.

The publication of the edited book, 'Who is the Client?' (Monahan, 1980), was
significant in laying out the contours of the field of forensic psychology and
differentiating it from therapeutic practice in clinical psychology The field has now
come of age and has acquired its rightful place. The ethical guidelines are the "Specialty
Guidelines for Forensic Psychologists" and the "Ethical Principles of Psychologists and
Code of Conduct" contains a section devoted to forensic psychology. As is evident from
this discussion, the practice of clinical-forensic psychology spans a wide range of
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populations, including young children, adolescents, families, the elderly, people having
mental illness, and criminal. Accordingly, with regard to training, a forensic specialist
needs to begin with a strong foundation of general clinical training and skill
development.

To exhibit these skills and their forensic applications, a foundation of clinical


competence in understanding psychopathology, assessment, interviewing,
conceptualization, and their applied hold is needed. While training to become a forensic
psychologist not only are these considerations imperative, there is a need to move
beyond the exclusive reliance on unguided clinical judgment as the basis for expert
forensic opinion. Objectifying the clinical and forensic decision making have been
identified as essential. To this effect technological developments in computer assisted
decision making for risk assessments and other forensic evaluations through appropriate
use of forensic cognitive neuroscience tools and specific forensic assessment
instruments and objective psycho-physiological testing are the highlights of current
research in the area. Efforts towards scientific understanding of self-report, clinical
judgment, heuristics, and memory, have taken central role in forensic evaluation content
and expert decision making. Development for improved methods of detecting,
quantifying, and correcting for bias and lack of objectivity in experts is an ongoing
process. The partnership of psychology with the legal system has come of age.

PHYSICAL EVIDENCE: NATURE, TYPES, SEARCH METHODS,


COLLECTION, PRESERVATION,

PACKING & FORWARDING OF PHYSICAL & TRACE EVIDENCE FOR


FORENSIC ANALYSES, CHAIN OF CUSTODY; CRIME SCENE: NATURE,
TYPES, PRESERVATION OF SCENE OF CRIME; CRIMINAL
INVESTIGATIONS: UNNATURAL DEATHS, CRIMINAL ASSAULTS,
SEXUAL OFFENCES,

POISONING, VEHICULAR ACCIDENTS;

CRIME SCENE INVESTIGATION

As we all are aware that crime scene is a place where actually any unlawful act has taken
place and is always unique. So there can't be any single right way to process every crime
scene. Each scene has to be evaluated individually. There are no hard-and-fast rules for
successful crime-scene processing. There is a need to have flexible approach to
crimescene processing. Nothing can substitute for experience. Aim of Scientific
Investigation Crime scene investigation works on two important factors i.e. logic and
feasibility.

Processing a crime scene is a tedious job that involves logic how event might have taken
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place and then feasibility of that event is checked. Once these two issues have been
resolved, then it is followed by recognition and thorough search for any left out physical
evidences take place. The collected physical evidences packaged properly at the scene
and sent to the forensic science laboratory along with the list of requirements for
scientific analyses in the laboratory. These scientific opinions not only help us in
reducing our dependence on witnesses to minimum, but also link the suspect and victim
with each other and with the scene of crime. In all the crime cases victim and the crime
scene is mostly known or available and the only missing link is the suspect/criminal,
who has committed the crime. So, finally identification of the suspect is required with
the help of physical evidences lying with the victim and the crime scene or some time
with suspected person also. To achieve the above said aim the crime scene processing
has to pass through a number of stages.

Various Stages in Physical Evidence Analysis Analysis of physical evidences can be


divided into two major stages. The first stage is Crime Scene Investigation i.e. the
investigation start from the crime scene, which is a meeting place of the persons
involved in the commission of crime and where the exchange of traces takes place. The
physical evidences originated from crime scene required to be recognized, documented,
collected and packaged. After that the second stage started which is a 'Laboratory
investigation', where all the evidences collected from crime scene are sent to be
analyzed scientifically according to the requirement of the investigating officer and
report is prepared. Finally that report is presented before the court of law to take final
decision in that particular case based on the scientific outcome.

So for conducting a successful crime investigation, whole process can be divided into
following series of stages:

1. Protection of crime scene

2. Recognition of evidence

3. Searching of evidence

4. Documentation of crime scene and evidences

5. Marking of Evidence

6. Collection of Evidence

7. Packaging of Evidence

8. Analysis of Evidence
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9. Interpretation of results and

10. Reporting of results and expert testimony

All of these stages are important. The actions taken at the earlier stages determine the
quality or success of the final outcome. Discussions on these stages also points out
differences between the traditional science and science of forensic.

1. Protection of Crime Scene As soon as the information reaches the police station, the
police have to perform two most important duties: First, sending the police staff to the
crime scene and protect it at the earliest so that access to it is strictly limited and Second,
informing senior officers (including the Forensic science team) about the crime. Certain
problems, however, remain and serious mistakes are commonly made at the first stage.
Such mistakes are often irreversible and have potential to compromise or spoil an
investigation, jeopardize a prosecution, or effectively deny a defendant due process. Of
course, perfection in any other human effort is never guaranteed. However,
investigators must develop a habit to learn from their mistakes of the past and make
every effort for continuous improvement. Duty of the first officer is not to allow
unauthorized personnel to enter the scene, after the scene has been secured.

This makes sense but this important rule is often ignored or sidestepped during practice.
The scene can be considered secured only when it has been ascertained that suspect/s,
witnesses, and living victims have been removed, and an adequate staff has been
deployed to safeguard it. It is also clear that the search for a suspect or the victim must
take precedence over physical evidence concerns for the moment. In fact, these
activities should be carefully monitored and recorded by the first officer or any other
responsible individual present. Seemingly, insignificant

details such as initial positions of furniture, doors, windows, and light switches and any
subsequent alterations of these needs to be noted and documented carefully. The body
may not be removed rather left undisturbed until the scene has been finally processed
and thoroughly documented.

Essential evidences on the body or information regarding its relation to the scene may
be lost if attempted to remove in haste. Of course, if there is any chance that the victim
is still alive, medical aid by a medical professional is certainly necessary and should be
arranged urgently at the earliest. Those admitted to the scene after it has been secured
should only be those persons who are capable of making a contribution to the
investigation and whose presence is actually required. This means that the simply
curious among the detectives and police officers, the members of the public and the
press should not be allowed as for as possible. This might be difficult at times. But such
exclusion is more readily accomplished in those departments where a clearly enunciated
policy and is firmly enforced. If the department's policies are unclear or not enforced,
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it becomes embarrassing for the officer in charge of the scene to exclude influential
politicians or high-rank individuals. However, even in these situations some fairly
effective tactics can be adopted and utilized. These tactics will serve dual purposes. The
first of these is to discourage entry by nonessential personnel rather than confrontation
risk in attempting to prohibit it. This eases the burden on the first officer in charge. The
second purpose is to minimize the damage caused by the entry of these crucial officials.
Several inmates have an almost irresistible urge to clean up a disorderly office or
residence, where the crime has been committed. It is not unusual to find secretaries,
housewives, maids cleaning up a crime scene when the police reach at the scene. This
can't be allowed to continue. At this point, it is duty of the first officer to document what
has been done and elicit as much information as possible about the conditions existing
preceding to the cleanup, in addition to putting an end to the cleanup and rearranging.

The suspect should not be led back to or in any case be allowed to enter the scene.
Otherwise it would compromise evidences that might be developed later to associate
the suspect with the scene and that could also be used to great advantage by a defense
attorney. The first officer's responsibilities end once he hands over the control of the
crime scene to the investigating officer along with the important information available
with him about crime. But to maintain continuity, the presence of first officer at the
scene is necessary during the entire investigation. Some times in certain cases, the
results of the laboratory are not conclusive, that may be because of the carelessness
either in protecting the crime scene or recognition of proper evidences. The exclusion
of a particular suspect is also a useful result. The investigator has to be very meticulous
and vigilant in assuming that everything is significant and protect the scene accordingly.
There are many cases in which seemingly unimportant evidence gains importance as
the investigation proceeds. It is very unfortunate if such evidences are destroyed or
neglected before its importance is recognized.

2. Recognition of Evidence As soon as the scientific team reaches at the scene, their
most important duty is to observe the crime scene and start recognizing searching the
evidences present at the scene. Recognition of evidence is in fact, one of the complex
and difficult job for the investigator, for which no set of rules have been framed. As
there is no single approach or procedure enables the scientist to recognize evidences.
This ability develops only with training and experience of the investigator. But
investigator has to remember that he has only one chance to visit and properly examine
the crime scene The crime-scene investigator must be able to differentiate the significant
and relevant evidence from insignificant and irrelevant articles that may be present at
the scene. Since every case is different and unique, what is insignificant in one case
may prove to be crucial for another case. This places difficult demands on the
investigator. Crime scenes experience and knowledge about what can be done in the
laboratory help the investigator to conduct useful and successful investigation at the
scene. Careful observations and adequate time be devoted to this duty. As long as proper
precautions regarding possible perishable evidence are being observed, the job should
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not be rushed. The important for investigator is to take his or her time and think about
the relationship to the act under investigation, so that significant evidence must be
recognized. Mental reconstructions greatly facilitate recognition of such relationships.
Recognition of evidence extends into the laboratory investigation. There is a need to
have good communication between field investigators and laboratory investigators
which may result in important evidence being recognized, collected and submitted to
the laboratory.

A scientist knowledgeable about details of a case can be far more effective than acting
solely in response to a routine request for analysis. If the right questions are posed to
the laboratory investigator, the most useful answers will be imminent. Comprehensive
documentation techniques are most effective in helping to communicate details of a
case to the scientist who is unable to be at the crime scene.

3. Search of Evidences Searching and collection of evidences at crime scene are


backbone of any criminal investigation. The primary purpose of a crime scene search is
to search for associative evidences to develop a link between a suspect and a victim
with each other and with the scene of crime and become capable to answer the following
crucial questions, such as:

• Who perpetrated the crime?

• How the crime was committed?

• Why the crime was committed? and

. Which circumstances led to commission of crime?

In the recognition phase chances are always there that some of the evidence could not
be recognized. But the mental reconstruction or according to the available information
during the recognition phase may imply that certain items are missing and need to be
sought. Examples of these items in the form of evidences can be weapons, tools, and
expended cartridge cases etc. Such searches may also be prompted by either information
obtained from preliminary reports from the medical examiner or from
witnesses/viewers. Another type of evidences includes broken fragments of glass
having potential of physical matching.

A search and examination for these types of evidences become important on the spot.
Scientists can't complete an extensive search and then think of something else to seek,
particularly when he is looking for some evidences based on information received and
mental reconstruction. This would be a waste of time and worker resources on one hand
and worse part is that the desired evidence might be destroyed during the process.
Careful instructions must be given to the auxiliary searchers as what to do and what not
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to do. Mostly the large-scale search operations have normally been carried out by a
small number of knowledgeable and skilled personnel. It is extremely imperative for
the investigator to decide and use an appropriate search patterns to conduct an effective
and successful investigation while processing a crime scene. This will be of great
support in searching evidences at the crime scene thoroughly. Common Search Patterns
Several different search patterns have been recommended, some of which are
commonly used are as follows:

• Spiral

• Grid

• Strip

• Quadrant or Zone patterns

The decision as to which of the particular method is to be followed depends mostly on


the nature of the crime scene. But whatever specific search pattern may be selected, the
objective remains the same i.e. the search must be conducted in a logical, systematic,
thorough and methodical manner.

Strip Search: Also called Line search method, which is used by one or two
investigators by walking in straight lines across the crime scene.

Grid Search: In this method search is conducted by two or more people overlapping
separate line searches forming a grid as shown in fig-2. Quadrant/zone Search: Another
search method in which the crime scene can be divided into smaller zones or quadrants
according to the convenience and team members are assigned to search each section
thoroughly as shown in fig-3. Spiral Search: In this method the investigator move either
from an inward spiral to periphery or from periphery to the central spiral as shown in
fig-4. The initial survey of every crime scene can be carried out by the lead investigator
by walk-through the crime scene to get an overview and formulate a plan for processing
the scene. Practically, a strip or grid search method is mainly used. Depending upon the
outdoor scenes, the search may be required to be conducted along the pathway by using
any of the above method. In indoor scene particularly where area is bigger such as in
factories, it may not be practical to search the entire premises. Instead, attention must
be focused on points of entry and exit and target areas like a safe or vault etc. The
investigator is the best judge to select an appropriate method to search If any person is
injured at the scene, then on priority provide him medical care at the earliest.

2 If at all possible identify witnesses and suspect.

. Has to remain connected with his office for any instructions/suggestions


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• Keep preparing notes or narrative description of the actions taken and observations
made before handing over to investigating officer. He has to keep in mind that evidence
tends to prove or disprove any alleged piece of information. But still the type of
documentation made by the first responder/officer is different

(i.e. preliminary) than the documentation done by the investigating officer, which is
thorough and is important from two points of view:

• Legal point of view

• Forensic point of view

It is required that nothing should be altered until its original location, condition along
with their relation to the scene and other objects have carefully been documented with
sufficient details. Various methods of the documentation of the crime scene are
available, but no single one of which is the best. The crime scene investigator has to
follow the method finalized by his department. Each of it has unique characteristics to
offer. Normally, it is necessary to use more than one method and it is also desirable to
employ all of them in one or the other circumstances, because they are complementary
to each other. In certain situations particularly when a suspect is in custody and has
confessed the crime, investigators sometimes assume that the case is solved and
conclude that only brief documentation may serve the purpose.

But it is always safe to remember that every major crime scene and the associated
evidences ought to be thoroughly documented, even if a suspect has confessed. During
the initial stages of any crime investigation, no case is open or shut case.' The
investigator probably will not get another opportunity to rectify his/her mistake if
documentation or evidence collection performed casually at this point. Cases in which
there is no question about the suspect's identity can become the most difficult to solve
later on, and detailed reconstructions are often crucial for satisfactory resolution of the
case. Successful reconstructions are impossible without proper documentation.

A successful crime scene investigator has to be good interpreter rather than a mere
recorder and observer. He should also be able to seek out more information from less-
obvious evidences, based on what has already been observed, and might be able to
anticipate questions that may arise and require resolution later on. The investigator to
be successful must try to develop an educated guess (hypothesis) which explains the
action taken at the crime scene, so those facts tending to support or refute action, must
be noted and documented properly. So a working hypothesis will help the investigator
to make order out of chaos and recognize useful evidence among the numerous
unrelated articles present at the scene. The working hypothesis becomes necessary to
reevaluate and modify further if new

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observations have been added to the investigation to produce a suitable and workable
theory. The evidence must be critically evaluated however. With the addition of new
observations, it becomes necessary to re-evaluate and modify the working hypothesis.
Still further modification may be required in the days that follow the scene investigation
to produce a suitable theory. The formulation of workable theory may not be feasible
unless the scene and the evidence have been properly and thoroughly documented. The
following are few methods among the practical methods available for proper
documentation, which can be used either individually or in combination. Practically all
of them should be used collectively to achieve a complete and accurately recording of
the scene.

. Notes

• Sketches

• Photography

• Video recording Notes:

Written notes form the foundation of crime-scene and physical-evidence documentation


techniques and are very important in any investigation, even when other means of
recording are used. The following instructions must be followed while preparing
extensive notes:

• The notes must be made in ink in a bound notebook rather than on loose-leaf paper.

• The note book pages must be consecutively numbered in advance to avoid any
subsequent allegations about pages having been removed or destroyed. Notes must be
thorough and as complete as possible and must mention the details of each and every
step and process of the crime scene investigation.

All the entries must be made in strict sequential order, and blank spaces should not be
left to allow any out-of-sequence entry later on. Notes must have accurate
measurements, specify the direction of crime scene and exact location of every evidence
found (e.g. 5 inches south of west corner of table). In addition to it, initial notes must
contain the following information taken by crime scene investigator:

• Name of the police station

• Date and time crime when first information reported to the police.

Type of crime Description and Location of crime scene Record the names of person,
who
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- Collected evidences like fingerprints, footprints etc. — Took photographs -

Made the sketch of crime scene Exact location of evidence found • Detailed

description of interior and exterior of crime scene

• Weather and lighting conditions during crime scene investigation. Notes must contain
an additional documentation of evidences collected besides showing their location at
the crime scene with the help of photographs and video recording before collection,
packaging, and tagging of any evidence. Notes should also include a record the data
related to the photographs taken, and also mention the photographic conditions, date,
time, frame number, subject matter, location, and so forth. This information is expected
play very important role for successive interpretation of the photographs. These are just
a few of the considerations that a crime scene investigator must follow while preparing
the notes.

In most of the investigations, it is the written notes that tie together the other means of
documentation. Errors made during note taking have to be corrected by drawing a line
through them, rather than making obliteration or alteration or the removal of pages.
Sketches: The notes and photographs are an important and vital means of any crime
scene documentation, but sketches provide the best means to show a spatial relationship
of objects present at the crime scenes, with all significant dimensions (including
distances between the items of evidence and with the fixed objects) accurately recorded.
So sketches are an indispensable tool in crime scene documentation. Proper scene
documentation can't complete unless a rough crime scene sketch is created at the crime
scene itself. It serve to record the objects their positions and relationships in sufficient
detail to allow a finished or smooth sketch by an investigator or even by an architect's
or professional draftsman at a later date. A bird's-eye view sketch is especially important
when the crime scene is spread out over a large area, such as a house.

Sketch is a permanent record of the size and distance relationship of the crime scene
and the physical evidences present in it. Special information present within the
photographs or video documentation can also be clarified in the sketch, because the
other methods do not allow the viewer to estimate distances and dimensions. A sketch
is the most simplistic manner to present the layout of crime scene and their
measurements. The sketch itself does not required to be accurately drawn, as long as
enough information is available to allow an accurate version to be reproduced at a later
time i.e. inter evidence relations and relation with the scene should be clearly visible.
A sketch can't complement the photographs, but can provide a wider representation of
the crime scene. In the same way the photographs taken at a crime scene does not
alleviate the need to make sketches. Even photographs are excellent means for recording
large amounts of fine details; still they often produce a false sense of perspective and
do not normally allow accurate dimensions and spatial relationships to be determined.
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Recovery of this information might become possible if photogrammetric techniques


(map making) were used at crime scenes, but has not yet been applied to any great
extent in crime-scene work. Another advantage of sketches is that, unlike photographs,
they allow the most significant objects and details to be emphasized. The information
recorded in sketches and photographs is complementary as shown in Fig - A and B).
record of the physical evidence present. Forensic photography is an integral part of trial
and most of the judgments are often based upon crime scene photographs to prove
evidence prima facie. Photography is a superb means of documenting a vast amount of
intricate details, but, as already discussed, it must be used to complement rather than
supplant other documentation techniques.

The photographer must take photographs before anything is disturbed and keep clicking
photographs starting the scene from outside to close-up pictures of the trace evidences.
Many photographs of the entire scene should be clicked, to show the relationship of
evidence to the overall scene. The crime scene photographer should capture the whole
scene first using wide-angle shots covering the entire scene. Depending upon the crime
scenes (indoors, outside or both or it can be vehicles) the photographer has to adjust
camera settings according to the available light and weather conditions. During an
important investigation, the experienced crime scene photographer is of huge advantage
and he should make sure that:

Overall photos of the scene are taken to show the approach to the crime scene and
location of street light in relation to the actual scene, street addresses and fixed objects
at the scene which can help in identifying the spot. Photographs of every room in the
house should also be taken, even if there is no apparent relationship to the crime scene.
Photograph of the scene has to be taken in a clockwise pattern before altering the
location and position of body and other evidences present at the scene. Photograph the
scene in such a way that every smaller object present at any corner of the scene should
be covered because sometimes some of the objects seem to be unimportant at the time
of investigation but become important as the investigation proceeds further.

Photograph the body and the immediate vicinity around. If you have a camera boom,
take pictures from ceiling height down of the victim and other evidences. This
perspective often shows things missed when viewed from ground or eye level. Close-
ups can then be used to record the details of specific items of evidence. Such
photographs should always have a scale or preferably two scales placed at right angles
to one another. Lighting is very important in crime-scene and evidence photography. In
certain circumstances, there is an advantage in taking several shots of a single object
under different lighting-conditions.

. Maintain a photo log in notes.

• When photographing the exterior of an indoor scene or an exterior scene, one must
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take photos of the spectators who are standing around and watching the activities.

. Many times the perpetrator return to scene to observe the actions of the police or fire
personnel.

. This seems to be especially important in arson cases. Additionally, photos may help
identify reluctant witnesses who can be identified and interviewed at a later time. A
35mm film or digital camera can be used for overall shots of the scene and for closeups
of particular items of evidence.

The details of a pattern must be recorded for future comparison and individualization
purposes; a sheet-film camera (particularly a view camera) with fine-grain film can be
a wiser choice, although a 35-mm can often do the job. One should not fail to record
such a pattern because a larger-format camera was not available. Different types of
lighting also play an important role. Additional attention must be paid to the necessary
trade-offs among depth of field, lens opening, shutter speed, film speed, and grain size
etc. When color film is being used, the color temperature, or color balance, of the light
source must be well thought-out.

Audio and Video Recording: At crime scenes, audio and video-recording methods are
less frequently used than other documentation techniques. If a video camera is available,
crime scene video recording should be the first step to document a crime scene. The
overview and a moving analysis of the scene can also be presented in court, if required.
This documentation method should be used as adjuncts to notes, sketches, and
photography, but not as substitutes for them. Crime Scene video recording allows to
document the crime scene which cannot be captured in reports, interviews, or
photographs. Prior to video recording, the investigator should walk the designated area
through the scene.

Videos should begin with an overall general view of the scene. If the scene is indoors,
then the video should include an overall pan of the outside the location. The recording
must then include a brief preamble by the investigator which includes the name of the
narrator, the case number, date, time, place of the incident, and a concise description of
all rooms and evidence to be viewed. Video recording can provide a perspective on the
layout of crime scene, which cannot be made apparent in photographs and sketches. It
is a more natural to relate the structure of the crime scene with evidence present at the
scene. The recording should begin with a general overview of the scene and area
surrounding the crime scene. The recording should continue throughout the crime
investigation using various types of lenses like wide angle, close up, and even macro
(extreme close up) to demonstrate the layout of the evidence and their significance. A
large number of details can be documented by audio video recording without diverting
attention of the investigator from the observational task. This documentation method
has great advantage at a scene where it is necessary to record lots of detail of varying
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or unknown importance. Additionally, one or both hands can be left free to make notes
or sketches. Perhaps only drawback of this documentation method is a psychological
one.

Mostly the people are simply not comfortable talking into a tape recorder, particularly
if other people are within hearing range at the scene. But frankly if this shyness is taken
over, then the audio recording can be used with great advantage. The audio notes have
to be transcribed into written notes at the earliest and made part of written notes, which
focuses on relevant details. Tape can be preserved as such until the case has been closed.
Some of the details, which do not seem relevant at the time of documentation, might
become important as the investigation proceeds further. A good quality camera and
portable video recorders have become easily available during the past decade and are
particularly useful at a crime scene investigation. Video methods can't be a substitute
for photography. The major advantage of video documentation is that it is the best way
to produce overall record of the scene and also include a running narrative on the sound
track as an additional aid.

The videotape recorder can also document very effectively the process of evidence
collection as well as the sequence and location of each still photograph taken. A good
video recorder allows a successive viewer, who was not at the scene, to get the 'lay of
the land and help in understanding the relationships of various items of evidence to the
scene and to the act being investigated. The detailed information can be communicated
to the laboratory scientist who cannot examine the evidence to best advantage. If a
laboratory examiner cannot go to a scene, the video recording method is one of the best
means of bridging this gap.

5. Marking of Evidences The basic and most important responsibilities of a crime scene
investigator is to locate, document, collect, package, and mark the evidences found at
crime scene. Careful marking and recording of every piece of evidence found is very
important. This may seems to be very simple, but it becomes complicated when multiple
crime scenes or incidents encountered. Then it becomes difficult to coordinate evidence
marking across crime scenes. So there is a need to develop a cohesive and fool proof
system for marking evidence to avoid confusion and build stronger cases. After
collection, the evidential materials are required to be packed, and before they are
packed, the marking of evidence is necessary. The primary purpose of marking items
of evidence is to assure its unambiguous identification of items of evidences collected
from a crime scene at a later date. The tagging or labelling or marking of the evidence
adds credibility and control to our ability to identifying item later on. , may be due to
variable shape and size of the item of evidence it become difficult to best to mark a
particular item. Knowledge and experience of the investigator plays an Troportant role.
Before a decision is made concerning how and where it should be marked, it is also
necessary to consider the way in which the evidence is relevant to the investigation and
how it will be examined in the laboratory.
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If at all marking process obliterates areas containing marks or other important


information, the evidence may be rendered valueless. Guidelines can be obtainable for
dealing with commonly encountered evidence types, but nothing can substitute for
forensic science knowledge and experience in non-routine situations. The decision
regarding proper marking is generally easier when relatively large size items of
evidence are encountered. With small items, which present no clearly unimportant or
noncritical sites, the decision might be taken not to mark them at all. If it is decided that
such an object cannot be marked, an identifying sketch or photograph depicting unique
features of that items should be made available so that the items can be recognized later.

In other type of cases, where space may be available, but it may be limited that it is not
possible to include all information. Perhaps only the investigator's initials and a single
digit recognition number can be accommodated. In these types of case it is particularly
important to have the marking process and any code used can be thoroughly
documented in the notebook. With very small items such as trace evidence, it is
obviously impossible to mark the evidence but only the packaging can be marked. In
sexual and other assault cases, garments can usually be marked by securely affixing a
tag or label them or by writing with indelible pen on some inside surface such as the
pockets, waistbands, and linings etc.

These surfaces are often not dyed and offer good contrast to dark inks. Care must be
exercised so that bullet holes, cuts, and stains are not disturbed. Many other relatively
large items of evidence can be handled in a similar fashion. In addition to the markings
applied on the evidences to identify later, other markings may also be necessary like
indicating the orientation and fragility etc. of articles of evidence. This is particularly
true of pieces of window glass remaining in a frame and other fragile items. There are
many possible systems that you can use to mark evidences. Some departments use a
combination of numbers and letters, or include a breakdown which specifies locations
such as bedroom-1, bedroom-2, outdoors or vehicle, etc. It doesn't matter, whatever
system you decide to use, you need to be clear and consistent and make sure that it will
work if you are dealing with multiple crime scenes at different locations, or incidents.
Your system must be clear to all stake holders like anyone working on the case,
including other crime scene officers, lab technicians, and other experts. The clarity of
your system is especially important when you go to court. There should not be any
confusion because of the way you marked your evidences. Your evidence needs to be
marked so clearly that is easy to understand particularly when you go back to your notes
and follow what you did whether your case has just happened in the last few months or
may be years ago. Other Stages in Physical - Evidence Analysis Initially a primary
survey of the scene is conducted to fix the priority evidence collection.

The investigator will identify potentially valuable evidence; take notes and initial
photographs of the scene and the evidences to document and record existing conditions
such as whether lights of the area were on or off, the exact position of doors, windows,
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movable furniture, any specific smells present and any other such things like the
temperature of the scene, etc. During the survey, crime scene investigator may try to
create a pathway, which will be an evidence-free and lead to the area of interest by
conducting a thorough sweep for evidence in that area. The following stages of crime
scene investigation have been discussed in detail:

• Collection of Evidence

• Packaging of Evidence

. Transportation of the Evidences

• Laboratory Investigation:

i. Analysis of Evidence ii. Interpretation of results

. Reporting of results and expert testimony

6. Collection of Evidence After recognizing, searching and marking of the evidences,


it is essential to complete documentation of these evidences with notes and
photography. Then procedure to collect evidences started in a proper way, so that they
can be successfully analyzed scientifically in the laboratory according to the
requirement of the crime scene investigator. Different procedures are available to collect
evidences depending upon the nature/type of evidences. Before standardizing the
procedure to collect diverse kinds of evidence the following points must be kept in
mind: here is no one standard set of procedures for any kind of evidence collection
which is applicable to every case, but the approach in a particular case is ultimately
depends upon the circumstances of that particular case or on the basis of location of that
case: outside or exterior, interior or inside a vehicle? Before any item of evidence
touched, moved or collected and packed, every corner of the scene has to be documented
fully with photographs, sketches, and notes.

• It is also essential to know about the condition of the evidence: either fragile or stable,
along with their relationship to the fixed items of the scene and other evidences.
Commonsense precautions are very vital while collecting evidences; e.g. the evidences
present at different sites of a crime scene should be collected separately. Certain specific
types of evidences require specialized collection in the same way. With certain types of
evidence, consideration needs to be given to collect control (known or blank) samples
from very close to site from where the evidence has been collected. Controls can be
particularly important with respect to fire investigation, trace evidence, blood and
different body-fluid stains, and items related to questioned documents. It is important
for the investigator has to evaluate the conditions existing at the scene; whether they
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affect the scene or evidences present over there? Scene must be managed in such a way
that nothing may alter or contaminate the evidence? The recovery of biological evidence
either in a dried or liquid state should be done in such a way that prevent contamination
and degradation and efforts must be made to ensures their integrity during all phases of
the investigation, the swabbing collection should be a preferred method.

• If there is any additional processing techniques required for a particular evidence to


be conducted at the scene with specialized personnel only? The following
equipment/items are required while collecting the evidences from the crime scene and
victim:

• Scalpels

. Forceps

. Scissor

• Glass, wood cutter

• Cotton

. Paper and Plastic zip bags

. Wrapping Paper

Cardboard boxes • Thermometer • Hand tools

. Tweezers

• Gloves (Latex /nitrile gloves (Non-latex/ N-DEX)

• Air tight Plastic Containers Finally to ensure that the scene has been thoroughly
searched and all the evidences have been documented and collected properly, a
secondary survey of the area is required to be conducted as a quality control step.

7. Packaging of the Evidences The collected evidences have to be packaged securely to


protect and preserve its nature integrity. In any case, evidence should not be allowed to
escape from the container or be exposed to the risk of contamination from the outside.
For example if blood is present on shirt at two three places, it should be folded/packed
in such a way that these places having blood stains should not touch each other and
should touch to the wall of the container or envelop in which it has been packaged.
General packaging must be robust enough to allow the evidence to live on the rigors of
transportation. However, the exact type of packaging will depend on the nature and type
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of the evidence.

Volatile evidence such, as accelerant residues collected from the scene of a suspected
arson case must be hermetically sealed so that they should not evaporate and become
lost. Suitable containers and collection procedures must be adopted to collect the
volatile residues.

Different items of evidence should not be lumped together in a common package as this
would allow the transfer of evidence to take place between items from different sources.
Similarly, folding of clothing could allow the transfer of evidence from one part of a
garment to another. This could compromise the value of the evidence in certain
reconstructions. So, it is necessary that the items of evidence and the control samples
collected from different sites should be packed separately. Wet bloodstains or any other
body fluid stains having moisture are also subjected to deterioration from microbial
action and necessary to retain bloodstain pattern on the garments. .

Due to this reason bloodstained garment should be dried first properly not in direct
sunlight, but only in indirect light and then sealed in airtight containers such as plastic
bags etc. to avoid putrefaction to take place? Paper bags and wrappings are a much
wider choice for packaging of this type of evidence. The paper being porous in nature
can "breathe" allowing water vapor to escape and retain the trace evidences. Before
completing the crime scene investigation, to sum up, the investigator has to assure the
following duties: Wherever the Crime has been committed, crime scene investigators
and criminalists have to travel all around the cities throughout the state or area under
his jurisdiction. At crime scenes, the investigator has to perform the following duties:

• Analyze crime scenes to determine what sort of evidences is present and how these
can be collected and packaged.

Document the crime scene by taking photographs of the crime scene and evidences
present. Prepare sketches of the crime scene by measuring the actual distances between
the items of evidences and fixed objects. Record observations and findings related to
the location and position of evidences. Various physical evidence, including
fingerprints, weapons and bodily fluids needs to be collected and packaged properly
Catalogue and preserve all the evidences according to their nature to transfer them to
forensic labs. Log for all the evidences has been prepared and has to assure that
descriptions recorded into the log must match the photos of the evidences taken at the
scene and this description is included in the crime scene report. For example, if a firearm
is collected, the serial number of this firearm in the log must match the serial number
recorded with close-up photo that was taken at the scene. This exercise will help in
establishing the chain of custody of these evidences in a case.

8. Transportation of the Evidences During the packaging of evidences and preparation


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of log at the scene, some considerations must be given to the transportation of evidence.
First the evidence must be packaged in such a way that the fragile items are not damaged
during the transportation. At the same time handling during transit is also important,
but more important is adequately secure packaging of evidences having proper
mounting and cushioning of items wherever required. Another major consideration is
time, the investigator must evaluate about the nature of the evidence and the time
involved in transporting them to the laboratory. Perishable items such as wet or moist
physiological stains must be given special consideration to avoid deterioration and the
loss of evidential value. If the laboratory is remote, different preparation, packaging,
and transmittal methods would be used from what would be used if it is being sent to a
local or nearby regional laboratory. When a local laboratory is being used, rapid
delivery and refrigeration during transit are possible. Thus if proper arrangements have
been made, wet samples can be submitted. Perishable samples must never be sent to
remote laboratories in this condition. In fact they should not even be sent to local
laboratories unless they are rushed there under refrigeration. Time, temperature, and
moisture all play critical roles.

9. Laboratory Investigation Analysis of Evidence: After proper collection and


packaging the investigating officer should send all the properly packaged items of
evidences to Forensic Science Laboratory to provide a proper facility to store evidences
properly, so that the contamination or degradation of evidence can be prevented.
Otherwise it will affect the analysis of evidences, service quality and reliability of the
report in the court of law. As reliance on scientific methodologies in criminal
investigations is increasing, laboratories are facing increase workloads. The case is
opened in the concerned division of the laboratory; evidences are marked by the
investigator, so that no confusion to identify the item of evidence takes place during
and after the examination. The lab investigator decide to

conduct the type of analysis for an item of evidence as per the requirement of crime
scene investigator or depending on,

. What the material is?

• What is the nature of the case?

. What sort of information is sought for?

The results/report to be useful to criminal justice system, it is mandatory for an


investigating officer to send a list of queries along with each and every item of evidence
sent for examination. Because he know better than anybody else, what exact
information can be useful for the further investigation of a particular crime?

For example if hair recovered as evidence from crime scene then the following
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specific queries can be made:

• Whether material is hair or not?

• If hair, whether it is human?

• If human, whether it belongs to male or female?

• Which site of the body it is from?

• Finally, to whom it belongs?

. Forensic scientists categorized all the analytical activities in terms of: •

Identification

• Individualization, and Reconstruction

In identification the class characteristics are used to identify the material or object,
whereas the individual characteristics help in Individualization process means to link it
to a particular person. The identification refers to establish the identity of an item of
evidence, but in certain circumstances, the identification is used to identify a person.
Variety of physical evidence has to be identified unambiguously. In cases like
possession of controlled-substance, identification of the material is all that required.

In many cases of fibre examinations, the questioned fibres can be identified first
(Identification) then compared to fibres from a known source to determine if they are
originated from the same source (Individualization). Similarly in toxicology, the
biological samples and food evidence are analysed to establish the presence of poisons
and drugs. Another example can be related to the red material recovered from the scene,
whether it is a blood or not. Usually various kind of questions can be answered after
conducting further tests for the class and individual characteristics of the item or
material and compared with those of known specimens of the same class.
Individualization is another important but difficult dimensions of forensic science that
makes it unique among the sciences. Methods and technique is constantly being
improved to detect very small but critical differences in similar type of materials. In the
biological materials, inherent differences are identified in different people. Still there
are kinds of evidence where true individualization is not possible or different degrees
of individualization can be achieved; however, some can give more information, if it is
not absolute. The Serology/DNA unit is one of the most important units in any forensic
laboratory which is responsible for identifying as well as individualizing the biological
materials evidences originated from crimes against persons and property. CODIS
(Combined DNA Index System) which is an effective tool for solving crimes, is a very
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useful blend of forensic science and computer technology. Like identification,


individualization involves comparison of individual characteristics rather than the class
characteristics. These characteristics of evidence can also be used to exclude the
possibility of common origin. This kind of information is helpful during an
investigation.

Reconstruction of Crime Scene: The scientific analysis of physical evidence, deductive


examination and their interrelationships helps the investigator in deciding what actually
took place in a case and what the possible sequence of events was? According to the
Association for Crime Scene Reconstruction, crime scene reconstruction is the use of
scientific methods, physical evidence, deductive and inductive reasoning to understand
the series of events that led to the occurrence of a crime. Eyewitnesses to most of the
events are not available, but whenever present they are notoriously unreliable or it is
some time not possible to accurately remember what they have seen. It becomes even
more problematic if recollection of witnesses changes under certain conditions like
stress or interrogation without the witnesses even realizing it.

With the passage of time, it becomes difficult to accurate recollections and more over
their perspective and biases on the incident, their vision, and ability to remember details
and sequences of events influence the capability to remember. Reconstruction of any
event starts when the investigator takes his first survey or walkthrough of the scene and
start building a rough hypothesis.

A hypothesis indicates a a theory until incorporating all the available physical evidence
and supporting information. So, a successful reconstruction depends upon:

• Experience of the investigator

• Keen observations and open mindedness of the investigator

• Logic of the investigator

• Critical evaluation of the witness statement

• Ready to set aside any hypothesis which does not fit exactly with the actual
available evidences

• Must have rational mind to interpret and assembling various evidences It is


advisable to make effort to reconstruct the events based on:

• The physical evidences involved and their scientific analysis. •


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Laboratory results of Patterns of various stains, and

• Proper documentation of scene

Anything added to or removed from the scene, anything moved or changed, can and
will change the interpretations in a reconstruction. So in reconstructing the scene not
any one piece of evidence is more relevant or more important than another. Every piece
of evidence is important in crime scene reconstruction In some cases the reconstruction
is a very complex task, but in other cases, reconstruction can be simple, involving only
a single article of evidence. Due to lack of proper documentation of the crime scene,
sometime potential reconstructions cannot be accomplished? Remember, there is only
one opportunity to secure, preserve and document the crime scene evidences. Errors
made at this stage of the investigation are usually irreparable.

10. Interpretation of Results It is mandatory to analyze the negative and positive control
along with samples received from the crime scene. After completing the required
analysis, the results need to be interpreted by the forensic scientist. It must be
appreciated that analysis and interpretation are quite different from each other.
Scientists most often have concurrence on the results of an analysis, but usually diverge
on the interpretation of the results. A reconstruction of any events is always based upon
the interpretation of physical-evidence analysis. Irrespective the type of analysis yields
a series of observations or measurements of properties (physical or chemical) and
relationships if any. These measurements can be direct (e.g. length, mass, volume), or
indirect like Blood and its enzyme types; spectral properties, refractive index, and
density etc. The observations of the results have to be interpreted into a form which is
consistent with all the data available and should provide valuable information about the
situation being investigated. In certain circumstances the distinction between analysis
and interpretation is subtle, and the interpretation is obvious once the analysis is
finished. For example a blood or semen stain is recovered from the crime scene may be
analyzed exhaustively in the lab. found to be human, and to have a set of blood groups
or enzyme types possessed by one third of the total population. If a suspect has all those
same blood and enzyme types, it means only that the blood may have come from the
suspect. Similarly, a latent fingerprint developed at scene may later be matched to a
suspect X'. This fact demonstrates only that the suspect was present at the scene at some
time. It does not say anything about when or why.

11. Reporting Results and Expert Testimony After completing the analysis of physical
evidences and interpretation of their results, it is the duty of the forensic scientists to
communicate his findings to investigating officers, attorneys and judiciary. This crucial
job demands that highly technical and complex information have to be translated into
simple, understandable set of facts and conclusions. The judiciary and other can
appreciate the results and conclusions mentioned in an expert testimony in much better
way if specialized and technical terminology is avoided or minimized as far as possible.
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Every effort has to be made to express the findings in such a way that even
nonspecialists can understand the report. The language in the reports has to be as simple
as possible and expert testimony tends to be the most informative and expressive of all
the results before the court of law. A Court always gives a bit more latitude to the expert
witnesses as compared to other witnesses. According to the rules of evidence, a witness
can testify only those facts which are known to him or her. Ordinary witnesses can
testify their opinions based on scientific observations of facts, but these impressions
have to be open to judgment against a background of ordinary experience.

Hence, a witness can testify to a person's identity, to the color and morphology of an
object, or to the exact distance between two objects and with fixed objects. On the other
hand, an expert witness having scientific or specialized knowledge or experience can
offer an explanation for scientific analysis and more logical explanation for a particular
issue.

A qualified expert, who has been demonstrated to the court to have skill, knowledge, or
experience beyond that of a layperson, may give an opinion to the court, which is
relevant to the scientific analyses conducted in the lab and to the facts of the case. In
India, courts have developed criteria for the admissibility of expert reports based on
scientific tests, procedures, and their results. Still, if any question related to the
admissibility of scientific evidence arises then final decision can be taken by
considering the Daubert guidelines to solve the problem. The court has discretion to
admit the results of experimental procedures, which has been devised or modified to
meet the requirements of a particular problem. Such procedures have to be based on
accepted analytical principles, however, and a proper foundation must be set down for
them. Expert witnesses while presenting the report to the jury make every effort to help
them in understanding analysis of the physical-evidence made and the conclusions
drawn in a particular case. Experts can sometimes be drawn into complex technical
discussions in court, but even under these circumstances, one must take time and try to
explain the answers completely and with satisfaction to the jury.

CONTINUITY IN THE CHAIN OF CUSTODY

Chain of custody is a well- proceedings, but until recent years it was unfamiliar to civil
litigators. For the eventual admissibility of an item of evidence in judicial proceedings,
chain of custody is the most essential to be maintained. It should not be moved until
documented completely, otherwise the chain of custody has been considered broken
and a court may subsequently rule that the evidences are tainted and declared
inadmissible. Proper care must be taken to record custody information along with
person handling at every stage of evidence. The less number of people involved in this
process, the easier it will be to keep track of the

chain of custody. To sum up, in forensic laboratories, the laboratory investigator has
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to perform the following duties:

As per the requirement, perform chemical, biological, and physical analysis on


evidences received from crime scene.

• If required, experts in specialized fields, such as Ballistics, questioned document,


fingerprint, serologist, toxicologist and Odontology etc. can be consulted. Interpret the
results of scientific analyses to explore the possibility to establish the link between
suspects and crime scene or victim.

Track chain of custody of all the evidences,

• Finally reconstruction of crime by arranging the sequence of events.

INVESTIGATION OF ROAD ACCIDENTS

The word accident is derived from the Latin verb accidere, signifying occurrence,
happening, falls upon, or by chance. A road accident may be defined as an event which
happens suddenly without prior knowledge of the person while walking or driving on
the road. Vehicles of different descriptions may be involved in road accidents. In India,
the problem has taken alarming proportions as the number of mechanized and
nonmechanized (Fig-3a&b) vehicles is increasing rapidly, but the development of
infrastructure is not enough to cope up with the situation. Accident is quite often used
as a specific legal term. It may be used generally in reference to various types of
mishaps, but has a particular significance to Insurance agencies, to which it means a
sudden, unintended and fortuitous external and visible event.

The terms "accident" and "occurrence" are not very distinct from each other. The
occurrence is more comprehensive in terms of scope and purpose in comparison to
accident, which include injuries and damages caused by exposure to a set of conditions
over the periods of time and as well as act of intentional and conduct. In India, a road
accident used to be a sensational affair two or three decades ago, whereas now-adays;
it has become something that occupies the headlines of our newspapers almost every
day. Though additional traffic regulations, such as speed limits, and other restrictions
have been imposed to reduce the number of accidents, yet the number is increasing.
brain is unique, causing variations in the map. This fact, combined with the sheer
complexity of the brain, has challenged neurosurgeons for years. Through
groundbreaking research pioneered at UCSF, an advanced brain mapping technique has
enabled doctors to remove as much of a brain tumor as possible while minimizing the
impact on the crucial areas of the brain that control movement, speech and the senses.
By using 3-dimensional imaging technology to operate on the brain, surgeons can
accurately target their dissection down to the smallest degree. The goal is to remove all
or most of the tumor without producing any permanent neurological deficit in the
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patient. During the surgery, the patient is awake for a portion of the surgical procedure
to help surgeons with an understanding of the functional areas of the brain near the
tumor. This allows doctors to map out their path to a successful surgery while
minimizing impact on healthy, vital tissue.

The patient is allowed to return to consciousness after the brain has been exposed, and
then interacts with the team as they stimulate areas of the brain near the tumor. For
example, the neurosurgeon may stimulate the brain where it controls feelings in the
mouth and gums, causing the patient to experience tingling or tongue twitching.
Language testing is also performed. Once the areas of the eloquent cortex have been
identified, the patient is put back under general anesthesia and the surgery is completed.
Brain mapping is also being used to treat other diseases such as epilepsy.

CONCEPT OF QUALITY CONTROL MANAGEMENT IN FORENSIC


INSTITUTIONS

The security challenges that today's environment is facing on a daily basis are
innumerable. In fact, these are setting new standards for objective evidence and
appealing certain specific competencies that should be always based on quality
management. With the technological advancements made in the past century, forensic
disciplines and resources had made a quantum leap in providing and reporting results
to various stakeholders and floors which were beneficial and significant to criminal
justice systems and also to societies which forensic experts have to be ethically
accountable in their end investigations. This brought certain specific opportunities for
improvement in various areas. On top of the agenda, quality assurance and quality
control in our lines of expertise.

Two scenarios that one can write volumes about these significant and ethical matters.
However, by opting for these measures one can entertain a quality management system
reducing or eventually eradicate errors and misunderstandings. By initiating certain
management tools such as six-sigma and Ishikawa diagrams, one would start building
a total quality management approach for a sustainable forensic setting. It is high time
for forensic departments and institutions to continue its development by achieving
certifications from national accredited bodies pertaining to different and significant
standards depending on their tests and analysis being done in their premises. This will
create an accountable and ethical atmosphere which the main stakeholders will benefit
from. However, reaching and maintaining these standards requires certain amount of
team effort, commencing with top executives to team players performing the end
results. The heart of every process must be bounded with five main pillars, facilities,
people, training, services, equipment and standard procedures. By clearly implement
competences in these aspects, would be the right way to acquire certifications from the
highly motivated auditors carrying out checks and balances. These main aspects should
be built on various International Standards (ISO) to reflect the needs and setting of
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creating the right mixture for carrying out various tests and methods in the area of
forensics. People should always be set on top of the agenda.

However, it is easier said than done by top executives and middle management
individuals. Nevertheless seeing a holistic picture, people are the heart of every process,
most often the make or break article and are the engine of putting forward the vision of
the organisation. Investing in people resembles as giving back to society a valued
mechanism. People and training should be always balanced simultaneously and by
doing such will envisage the importance of having competencies in delivering objective
evidence backed by knowledge and expertise that can be motivated if right challenged
in open courts and other platforms. At a glance opting for accreditation process is easily
described as challenging and costly, however this only reflect the need of improvement
in the environment, tests and competencies that are being carried out on daily basis.
Having accredited departments and process under varies ISO's award numerous benefits
such as:

i. Provide higher management with a well-organized management process

[Link] specific descriptions of responsibilities in the laboratory iii.

Correspond an encouraging message to staff and customers iv. Classify

more resourceful and time-saving development

v. Cover short comings vi. Reduce overheads

vii. Provides permanent appraisal and development

With an added value of motivation and enhance forensic trust in societies and in the
processes analysis being carried out. The smart ambitions should always be related to
quality. Given the magnitude of attaining the right level of quality, it is significant to
measure quality aspects in various scenarios by adopting the correct approach. Internal
audits are another aspect of maintaining and improving various vertical and horizontal
processes. By conducting impartial audits from trained people one would quantify
quality and giving the process a continuous development needed to highlight
shortcomings and approaching sustained improvement. Quality will continue enhance
the chain of evidence, a process in itself that it of utmost importance to every
investigation. Quality in these aspects will strive for quality controls in abolish
contamination which could is costly to every investigation.

Having set 117 and competences of people, the right setting will give the forensic expert
and the the lead for objective evidence in reporting and the confidence needed to present
and Utuss the objective evidence in open courts. This will also give the criminal justice
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system more reliable sources of information and also a right state of mind in prevailing
justice. Upon this all the pertinent actors, stake holders and suspects in investigations
should favour such approaches and quality management systems should be the smart
endeavour for reaching the next level of quality. Sometimes you can judge a book by
its cover.

Appearances can predicts behaviour in surprising wayssome of the time. Quoting an


expression from Aristotle's Nicomachean Ethics "we are what we repeatedly do.
Excellence then is not an act but a habit." The proposition of this is that it does not
matter what we do on instances but excellence have to be a habit in every test, analysis,
and process we encounter with. After all we are here not to be easy on people but to
make individuals better. Quality Assurance and Quality Control in Evidence Collection
and Laboratory Analysis Evidence collection, handling, transportation and laboratory
analysis in any fire and/or explosion plays a critical role in all aspects of an investigation
and litigation. Ensuring the quality of evidence collected and analyzed in the laboratory
is essential for origin and causation determination and also in litigation and case
strategy. It is important to demonstrate scientific reliability and validity in any process
that involves the evidence from a fire or explosion scene. This is best achieved through
a stringent quality assurance and quality control program.

The terms quality assurance and quality control are related, but can sometimes be
misunderstood. Quality Assurance (QA) Quality assurance uses a broad methodology
of compiling and following written procedures for the collection, handling,
preservation, transportation and laboratory analysis of materials to ensure reliability and
accuracy. A well-developed quality assurance program should address any action in an
investigation where error or inconsistencies can be introduced. For example, quality
assurance protocols in evidence collection may include written standard operating
procedures (SOPs) and data quality objectives (DQOs). SOPs are a clearly written and
maintained set of instructions that will ensure processes are carried out in the same
manner each time they are performed. DQOs define the criteria that a data collection
program should satisfy. Examples of evidence collection quality assurance
methodology include video and/or photo documentation, sample selection criteria,
evidence labeling procedures, collection methods, sample storage protocols, chains of
custody, sampling plans and transportation conditions and documentation. In the
laboratory, quality assurance addresses the actions necessary to provide confidence in
all analytical results. A successful quality assurance program will be utilized to verify
that the laboratory's analytical process is operating within acceptable limits. Some ways
this is achieved are by the use of training and training criteria to ensure analysts are
performing at a high degree of accuracy and precision, equipment and device
maintenance and calibration according to manufacturer's guidelines, and traceability of
all standards and reference materials.

It is valuable to have an experienced investigator assess laboratory selection and


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analysis issues. An important element of quality assurance is correct selections of


analytes to be tested, sample extraction methods, sample preparation procedures and
choice of analytical methods. The focus of laboratory services is to perform analyses
using the equipment they possess. The experienced investigator's focus is to identify
the analytical plan needed to best establish the causation and circumstances of the
incident.

Quality Control (QC) Where quality assurance defines goals, quality control identifies
the on-going mechanisms used to achieve those goals. Quality control monitors and
confirms the precision and accuracy of the results. Quality control in the evidence
collection process frequently will demonstrate proper techniques were followed by the
investigator collecting and/or sampling evidence. Collecting background samples or
replicate samples are just a few examples that will provide an opportunity for quality
control in the use of field samples. Laboratory QC programs typically include analyzing
blanks for all reagents (or procedures) used in the analysis process, performing duplicate
analysis on a percentage of samples, analyzing a certain number of standard reference
materials with every sample set and running spiked samples to determine the accuracy
of an analysis.

Laboratories typically have well developed QA/QC for their routine testing. The non-
typical nature of many forensic samples and sampling environments, however, also
requires additional and/or different QA/QC steps in the laboratory. This can include
duplicate or triplicate testing of every sample, the use of additional test methods for a
given parameter or other forms of confirmation testing. To help control costs, screening
tests may be followed by more specific and/or accurate tests depending on the screening
results. It can be a difficult task to develop a successful quality program for forensic
samples. The nature of forensic evidence will vary greatly with each incident scene. It
is essential to have a laboratory that has the flexibility and knowledge to ensure a quality
program can be implemented successfully for the given type of incident/evidence
situation. It is often necessary that the fire work side-by-side in the laboratory with the
lab analysts. The fire investigator may further need to perform his or her own analysis
of the lab data beyond what the laboratory is in a position to do. This usually requires
that the fire investigator utilize specialized software and databases to perform this
analysis of the lab data. Case Application Proper QA/QC is useful in the assessment of
laboratory results to rule in or rule out various potential chemical processes. It may be
necessary to assess all these alternative potential chemical processes to discover what
actually happened. Without proper QA/QC, valuable lines of investigation can be easily
overlooked. Generally it is the investigator, not the laboratory, who identifies
appropriate additional analyses based on the assessment of laboratory results at each
step in the process. QA/QC is beneficially used in the court in a number of ways.

Inadequate QA/QC is often the foundation for attacking the opposing expert's evidence.
This tactic can be pursued based on holes in the laboratory QA/QC, or even on the basis
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of a complete lack of QA/QC. An experienced investigator can assist in the development


of deposition strategies, including the identification of specific lines of questioning. In
some circumstances, it is possible to "turn" the opposing expert based on either
insufficient QA/QC or on well qualified data that points in another direction. An
experienced investigator also helps ensure that the case for their client has solid and
impeccable QA/QC. It should not be unexpected that the final outcome of the case is
often rooted in the credibility of the chemical analysis and interpretation of the evidence.

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Common questions

Powered by AI

The fundamental stages in crime scene investigation are: protection of the crime scene, recognition of evidence, searching for evidence, documentation of the crime scene and evidence, marking evidence, collection of evidence, packaging of evidence, analysis of evidence, interpretation of results, and reporting of results and expert testimony. Each stage is critical because early actions influence the quality and outcome of the investigation. For example, improper protection or documentation could irreversibly damage important evidence, impacting the investigation and judicial outcome significantly .

Forensic science and traditional detective work complement each other as forensic science provides scientific validation to observations and theories derived from detective work. While detective work may identify suspects and motive through interviews and field investigation, forensic science confirms these findings through physical evidence analysis. Together, these approaches create a comprehensive investigation framework, with science providing the empirical data needed to substantiate or refute investigative leads derived from detective work .

Forensic psychology plays several primary roles including applying psychology to legal questions, researching legal issues such as jury decision-making, and providing psychological insights to legal practitioners. These roles influence judicial outcomes by informing judicial decisions with deeper psychological understanding, helping courts assess matters like competency to stand trial, risk assessments, and the credibility of witness testimonies. The input from forensic psychologists helps tailor judgments to better accommodate psychological realities within strict legal frameworks .

Judges and lawyers lacking scientific knowledge may struggle to comprehend and properly evaluate forensic evidence, potentially leading to misinterpretation of evidence and unjust outcomes. This inadequacy highlights the reliance on forensic science without a full understanding of its limitations and can result in decisions that do not accurately reflect the scientific findings presented in court. Specialized knowledge helps bridge the gap between the scientific community and the legal profession, ensuring that forensic evidence is understood and applied correctly .

Forensic psychologists use various strategic methods, including clinical interviews, psychological testing, and reviewing historical and medical records to assess competency and criminal responsibility during trials. They modify traditional psychological assessments to fit forensic needs, using specially designed instruments that align with legal definitions and standards. These assessments provide nuanced insights into the defendant's mental state, aiding the court in determining their capability to participate in their defense and understand the consequences of their actions .

Inattention or mistakes at the initial stages, such as failing to properly secure the crime scene, can lead to contamination or loss of crucial evidence, thereby compromising the investigation. Such errors may prevent the identification or conviction of the perpetrator, leading to miscarriages of justice. Initial procedures like documenting and recognizing significant evidence are essential, as errors here can mislead the direction of the entire investigation and affect the accuracy of the final outcomes .

Forensic psychologists balance these aspects by employing robust scientific methods that aim to keep the legal system as clear-cut as possible, while also compensating for the human nature's complexities. They work on providing insights into legal questions through modified traditional methodologies like interviewing and psychological testing, tailored for forensic assessments. This information helps legal professionals make more informed decisions that align with both legal standards and psychological realities .

Preservation and proper packaging of evidence are crucial because they maintain the integrity and reliability of evidence during transportation and storage. Without proper handling, evidence can be contaminated, lost, or misinterpreted. Best practices include using appropriate containers depending on the type of evidence (e.g., hermetically sealed containers for volatile substances), keeping evidence from different sources separate, and ensuring items like clothing are dried and packaged correctly to prevent deterioration while preserving key physical data .

Forensic science contributes to resolving cold cases by applying new scientific methods and technologies to evidence that was previously non-diagnostic. Techniques like DNA profiling can re-evaluate case evidence, offering fresh leads. However, challenges include degraded or contaminated evidence, incomplete documentation, and limited initial investigative practices. Despite these issues, advancements in forensic science continue to provide hopeful solutions to cases otherwise deemed unsolvable .

Different types of forensic psychologists play various roles based on their expertise. Clinical-forensic psychologists apply clinical psychology to assess mental health issues in legal contexts, such as determining competency to stand trial or criminal responsibility. Legal-forensic psychologists apply fields like social, developmental, and cognitive psychology to the law, illuminating issues like jury decision-making or privacy definitions. Each type provides insights through specialized assessments and research to support legal decision-making, thus enhancing the understanding of psychological dimensions in legal processes .

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