Based on an ethnographic study of fingerprint and DNA evidence practices in the Swedish judicial system, this article analyses the materialization of forensic evidence. It argues that forensic evidence, while popularly understood as firmly rooted in materiality, is inseparably technoscientific and cultural. Its roots in the material world are entangled threads of matter, technoscience and culture that produce particular bodily constellations within and together with a particular sociocultural context. Forensic evidence, it argues further, (...) is co-materialized with crimes as well as with particular bodily and social constellations. Consequently, the article suggests that an analysis of how forensic evidence is produced can contribute to feminist understandings of the inseparability of sex and gender: understanding bodies as ongoing technoscientific-material-cultural practices of materialization may be a fruitful approach to analysing their complexity, and the relationships in which they are placed, without surrendering to either cultural or biological determinism. Taking a theoretical point of departure not only in an STS-informed approach, but also in material feminist theorizations, the article also underlines that the suggested theoretical conversations across borders of feminist theory and STS should be understood as a two-way-communication where the two fields contribute mutually to each other. (shrink)

Sexual assault is a common experience for women and a significant topic for feminist scholarship. However, discussions of forensic evidence collection have been largely neglected. This paper considers the ethics of forensic evidence collection by situating the conversation in the context of the experience of sexual assault. The power of patriarchal norms and rape myths, the impact of trauma, and the systemic sexism in the medical and legal systems are also discussed. With this literature in mind, (...) recommendations are made to improve the medical response to sexual assault survivors and the procedures of forensic evidence collection. (shrink)

In this paper, a case study is conducted to test the capability of the Carneades Argumentation System to model the argumentation in a case where forensic evidence was collected in an investigation triggered by a conflict among art experts on the attribution of a painting to Leonardo da Vinci. A claim that a portrait of a young woman in a Renaissance dress could be attributed to da Vinci was initially dismissed by art experts. Forensic investigations were carried (...) out, and evidence was collected by art history experts and scientific experts. The expert opinions were initially in conflict, but new evidence shifted the burden of proof onto the side of the skeptics. This paper presents an analysis of the structure of the interlocking argumentation in the case using argument mapping tools to track the accumulation of evidence pro and con. (shrink)

Techniques from artificial intelligence (AI) can be used in forensic evidence evaluation and are currently applied in biometric fields. However, it is generally not possible to fully understand how and why these algorithms reach their conclusions. Whether and how we should include such ‘black box’ algorithms in this crucial part of the criminal law system is an open question that has not only scientific but also ethical, legal, and philosophical angles. Ideally, the question should be debated by people (...) with diverse backgrounds. Here, we present a view on the question from the philosophy of science angle: computational reliabilism (CR). CR posits that we are justified in believing the output of an AI system, if we have grounds for believing its reliability. Under CR, these grounds are classified into ‘reliability indicators’ of three types: technical, scientific, and societal. This framework enables debates on the suitability of AI methods for forensic evidence evaluation that take a wider view than explainability and validation. We argue that we are justified in believing the AI’s output for forensic comparison of voices and forensic comparison of faces. Technical indicators include the validation of the AI algorithm in itself, validation of its application in the forensic setting, and case-based validation. Scientific indicators include the simple notion that we know faces and voices contain identifying information along with operationalizing well-established metrics and forensic practices. Societal indicators are the emerging scientific consensus on the use of these methods, as well as their application and interpretation by well-educated and certified practitioners. We expect expert witnesses to rely more on technical indicators to be justified in believing AIsystems, and triers-of-fact to rely more on societal indicators to believe the expert witness supported by the AIsystem. (shrink)

The paper sets out the challenges facing the Police in respect of the detection and prevention of the volume crime of burglary. A discussion of data mining and decision support technologies that have the potential to address these issues is undertaken and illustrated with reference the authors’ work with three Police Services. The focus is upon the use of “soft” forensic evidence which refers to modus operandi and the temporal and geographical features of the crime, rather than “hard” (...) evidence such as DNA or fingerprint evidence. Three objectives underpin this paper. First, given the continuing expansion of forensic computing and its role in the emergent discipline of Crime Science, it is timely to present a review of existing methodologies and research. Second, it is important to extract some practical lessons concerning the application of computer science within this forensic domain. Finally, from the lessons to date, a set of conclusions will be advanced, including the need for multidisciplinary input to guide further developments in the design of such systems. The objectives are achieved by first considering the task performed by the intended systems users. The discussion proceeds by identifying the portions of these tasks for which automation would be both beneficial and feasible. The knowledge discovery from databases process is then described, starting with an examination of the data that police collect and the reasons for storing it. The discussion progresses to the development of crime matching and predictive knowledge which are operationalised in decision support software. The paper concludes by arguing that computer science technologies which can support criminal investigations are wide ranging and include geographical information systems displays, clustering and link analysis algorithms and the more complex use of data mining technology for profiling crimes or offenders and matching and predicting crimes. We also argue that knowledge from disciplines such as forensic psychology, criminology and statistics are essential to the efficient design of operationally valid systems. (shrink)

Ferdinand Schoeman (1986) attempts to refute six arguments that I gave in The Probable and the Provable (1977, pp. 49-120) for not analyzing the standards of forensic proof in terms of any concept of probability that conforms to the familiar principles of the mathematical calculus of chance. But he evidently does not appreciate the strength of the case for rejecting the validity of any such analysis. In the course of discussing his criticisms, I shall add a seventh argument to (...) fortify my position, though I concede that the second of my original arguments has to be discarded. (shrink)

For decades, courtrooms around the world have admitted evidence from forensic science analysts, such as fingerprint, tool-mark and bite-mark examiners, in order to solve crimes. Scientific progress, however, has led to significant criticism of the ability of such disciplines to engage in individualization i.e., “match” suspects exclusively to evidence. Despite this, American courts largely reject legal challenges based on arguments that identification evidence provided by these forensic science disciplines is unreliable. In so holding, these courts (...) affirm precedent that it is the adversarial system’s function to weed out frailties in forensic evidence, and find that criticism of the forensic sciences lacks sui generis qualities. This article provides an independent critique of relevant American case law, from which three themes emerge. These themes are (1) the law’s misuse of science; (2) law’s scepticism towards change; and (3) law’s narrow construction of rationality, which generates reductionist concepts, and divorces science from its social context. As such, this article shows how the American judiciary’s approach to this global issue provides a contemporary illustration of key institutional tensions between science and law, and offers some recommendations for reforms that aim to facilitate the legal process to utilize the most reliable forensic science evidence possible. (shrink)

In France between 1780 and 1815, doctors opened a broad correspondence with medical faculties and public officials about foetal anomalies . Institutional and legal reforms forced doctors to encounter monstrous births with greater frequency, and they responded by developing new ideas about heredity and embryology to explain malformations to public officials. Though doctors achieved consensus on pathogenesis, they struggled to apply these ideas in forensic cases, especially with doubtful sex. Medical networks simultaneously allowed doctors to explore obstetrical techniques, as (...) licensing regulations forced practitioners into emotional encounters with child anomalies. Doctors thus developed a new ethics for treating monstrosities, viewing them as pathological specimens, forensic objects, and obstetrical tragedies. (shrink)

DNA evidence has rapidly become a significant and routine feature of modern criminal prosecutions. The first introduction of DNA evidence in a U.S. Court occurred in 1987. By 1994, 42 percent of local prosecutors reported that they had used DNA evidence in a felony case at least once. By 2001 that number had increased to 68 percent. Moreover, from a technical point of view, the potential benefits of DNA testing are substantial. Early hurdles to admissibility during trial (...) have been overcome by the adoption of rigorous standards for DNA analysis. Rapid development of identification technology, fueled in significant part by the Human Genome Project, and the resultant development and expansion of national forensic DNA databases, has increased the potential of DNA to play a major role in crime solving. Indeed, over three million offender profiles, collected by state and federal authorities, now reside in the National DNA Index System. This number is likely to increase as more states and the federal government are expanding compelled DNA collections to individuals arrested for certain crimes. (shrink)

In an Internet of Things (IoT) environment, IoT devices are typically connected through different network media types such as mobile, wireless and wired networks. Due to the pervasive nature of such devices, they are a potential evidence source in both civil litigation and criminal investigations. It is, however, challenging to identify and acquire forensic artefacts from a broad range of devices, which have varying storage and communication capabilities. Hence, in this paper, we first propose an IoT network architecture (...) for the forensic purpose that uses machine learning algorithms to autonomously detect IoT devices. Then we posit the importance of focusing on the links between different IoT devices (e.g. whether one device is controlled or can be accessed from another device in the system), and design an approach to do so. Specifically, our approach adopts a graph for modelling IoT communications’ message flows to facilitate the identification of correlated network traffic based on the direction of the network and the associated attributes. To demonstrate how such an approach can be deployed in practice, we provide a proof of concept using two IoT controllers to generate 480 commands for controlling two IoT devices in a smart home environment and achieve an accuracy rate of 98.3% for detecting the links between devices. We also evaluate the proposed autonomous discovering of IoT devices and their activities in a TCP network by using real-world measurements from a public dataset of a popular off-the-shelf smart home deployed in two different locations. We selected 39 out of 81 different IoT devices for this evaluation. (shrink)

DNA profiling and databasing are now commonplace. A body of state and federal legislation enables the establishment and operation of profile databases for law-enforcement purposes. Enabling legislation is usually specific about who, or what evidence, may be profiled for a database. It may be less specific or silent on the issue of specimen retention following profiling and databasing.

Many epistemological terms, such as investigation, inquiry, argument, evidence, and fact were established in law well before being associated with science. However, while legal proof remained qualified by standards of ‘moral certainty’, scientific proof attained a reputation for objectivity. Although most forms of legal evidence continue to be treated as fallible ‘opinions’ rather than objective ‘facts’, forensic DNA evidence increasingly is being granted an exceptional factual status. It did not always enjoy such status. Two decades ago, (...) the scientific status of forensic DNA evidence was challenged in the scientific literature and in courts of law, but by the late 1990s it was being granted exceptional legal status. This paper reviews the ascendancy of DNA profiling, and argues that its widely-heralded objective status is bound up with systems of administrative accountability. The ‘administrative objectivity’ of DNA evidence rests upon observable and reportable bureaucratic rules, records, recording devices, protocols, and architectural arrangements. By highlighting administrative sources of objectivity, this paper suggests that DNA evidence remains bound within the context of ordinary organisational and practical routines, and is not a transcendent source of ‘truth’ in the criminal justice system. (shrink)

David Houston Jones builds a bridge between practices conventionally understood as forensic, such as crime scene investigation, and the broader field of activity which the forensic now designates, for example performance and installation art, as well as photography. Contemporary work in these areas responds both to forensic evidence, including crime scene photography, and to some of the assumptions underpinning its consumption. It asks how we look, and in whose name, foregrounding and scrutinising the enduring presence of (...) voyeurism in visual media and instituting new forms of ethical engagement. Such work responds to the object-oriented culture associated with the forensic and offers a reassessment of the relationship of human voice and material evidence. It displays an enduring debt to the discursive model of testimony which has so far been insufficiently recognised, and which forms the basis for a new ethical understanding of the forensic. Jones's analysis brings this methodology to bear upon a strand of contemporary visual activity which has the power to significantly redefine our understandings of the production, analysis and deployment of evidence. Artists examined include Forensic Architecture, Simon Norfolk, Melanie Pullen, Angela Strassheim, John Gerrard, Julian Charrière, Trevor Paglen, Laura Poitras and Sophie Ristelhueber. The book will be of interest to scholars working in art history, visual culture, literary studies, modern languages, photography and critical theory. (shrink)

Recent advances in population genetics have made it possible to infer an individual's ancestral origin with a high degree of reliability, giving rise to the new technology called ‘DNA Ancestry Profiling’. Bioethicists have raised concerns over using this technology within a forensic context, many of which stem from issues concerning race. In this article, I offer some reasons why we ought to allow forensic scientists to use DNA Ancestry Profiling to infer the race or ethnicity of perpetrators — (...) on a particular understanding of race or ethnicity — in at least some cases. First, there is reason to think the process will meet our evidential standards in many cases. Second, the technology has serious prospects for improving racial justice. Third, the ethical concerns that have been raised can be addressed. And last, using Forensic DNA Ancestry Profiling to infer race or ethnicity has many benefits over its successor technology known as Molecular Photofitting. I conclude the essay by sketching the empirical work that remains to be done. (shrink)

Two books by Eyal Weizman — written together one with Thomas Keenan and the other with Matthew Fuller – make it possible to take a retrospective look at what was initially presented as ‘forensic aesthetics’ and has now been brought back to the proceedings of an ‘investigative aesthetics’. Considered as a whole, forensic _and_ investigative aesthetics is one of the most interesting perspectives opened up in the field of aesthetics in this early part of the 21st century. It (...) is a synthesis that brings together a series of disparate demands that have emerged on the social, political and philosophical levels with the thought of difference and with the questioning of the centrality of Western culture, sometimes confronted with its claims to colonial domination, sometimes dragged into contradictions that verge on caricature. The challenge of forensic, investigative aesthetics consists in rediscovering precisely at the aesthetic level the opportunities for a common feeling (“aesthetic commons”) in order to create a shared space beyond the classic distinction between the private and public spheres. Investigative and forensic aesthetichs focuses on the constitution of material culture, in particular on the production of images and their processual, constructive nature. Therefore, a critical approach becomes also a political proposition relying on the legibility of creative processes and offering to multiple communities formed on a case-by-case basis not the already constituted truth of a final evidence, an image for example, but precisely the formation process of a common sense. The undertaking is ambitious. Reconstructing some of its steps can be useful to determine its aspirations and better understand its theoretical path. (shrink)

Scientific evidence is often more reliable than other types of evidence commonly used in criminal trials – i.e., eyewitness identifications, confessions, and informant testimony. Nevertheless, despite its obvious value, forensic science has not always merited the term “science.” Three developments in the 1990s focused attention on its shortcomings: the advent of DNA profiling, the Supreme Court's “junk science” decision, and a number of wellpublicized crime laboratory scandals. In light of these developments, and in order to take full (...) advantage of the power of forensic science to aid in the search for truth, a number of reforms are needed: Crime laboratories should be accredited, lab procedures should be standardized, and basic research needs to be conducted on many commonly used techniques. Court procedures also require improvement: Defense experts should be more readily available to indigent defendants, and more comprehensive pretrial disclosure of the substance of expert testimony should be provided. (shrink)

The forensic two-trace problem is a perplexing inference problem introduced by Evett (J Forensic Sci Soc 27:375–381, 1987). Different possible ways of wording the competing pair of propositions (i.e., one proposition advanced by the prosecution and one proposition advanced by the defence) led to different quantifications of the value of the evidence (Meester and Sjerps in Biometrics 59:727–732, 2003). Here, we re-examine this scenario with the aim of clarifying the interrelationships that exist between the different solutions, and (...) in this way, produce a global vision of the problem. We propose to investigate the different expressions for evaluating the value of the evidence by using a graphical approach, i.e. Bayesian networks, to model the rationale behind each of the proposed solutions and the assumptions made on the unknown parameters in this problem. (shrink)

Resumen: El objetivo de este trabajo es describir la situación actual y las proyecciones de la comparación forense de la voz en Chile, a la luz de los estándares internacionales que se enfocan en la producción de evidencia confiable, que pueda ser utilizada en los tribunales de justicia. Para ello, en principio, se dan a conocer los fundamentos científicos que caracterizan esta rama de las ciencias forenses y, luego, sobre esa base se analiza y comenta la situación de Chile y (...) sus proyecciones, tanto en la práctica como en la investigación forense. Abstract: The objective of this work is to describe the current situation and the projections of forensic voice comparison in Chile, in the light of international standards that focus on the production of reliable evidence that can be used in the courts of justice. To do this, first, the scientific foundations that characterize this branch of forensic sciences are disclosed and, then, on that basis, the situation in Chile and its projections are analyzed and discussed, both in practice and in the forensic research. (shrink)

The central topic of this paper is a mobile phone application, ‘InformaCam’, which turns metadata from a surveillance risk into a method for the production of public proof. InformaCam allows one to manage and delete metadata from images and videos in order to diminish surveillance risks related to online tracking. Furthermore, it structures and stores the metadata in such a way that the documentary material becomes better accommodated to evidentiary settings, if needed. In this paper I propose InformaCam should be (...) interpreted as a ‘forensic device’. By using the conceptualization of forensics and work on socio-technical devices the paper discusses how InformaCam, through a range of interventions, rearranges metadata into a technology of evidence. InformaCam explicitly recognizes mobile phones as context aware, uses their sensors, and structures metadata in order to facilitate data analysis after images are captured. Through these modifications it invents a form of ‘sensory data forensics'. By treating data in this particular way, surveillance resistance does more than seeking awareness. It becomes engaged with investigatory practices. Considering the extent by which states conduct metadata surveillance, the project can be seen as a timely response to the unequal distribution of power over data. (shrink)

This article considers individual rights and fundamental tenets of the criminal justice system in the context of DNA evidence, in particular recent advancements in genomics that have significantly advanced law enforcement investigative capabilities in this area. It discusses a technique known as Investigative Genetic Genealogy (IGG) which utilizes genomic data held by commercial direct-to-consumer ancestry and health companies to investigate the identity of suspects linked to serious crimes. Using this technique, even if only a small proportion of the population (...) (e.g. 5%) has submitted genomic data to these companies, almost anyone in the population can be identified. We discuss this phenomenon in the context of the existing literature and arguments in relation to universal forensic DNA databases, as well as relevant recent developments in both liberal democracies and authoritarian states. We introduce the concept of a quasi-universal forensic DNA database and consider associated implications for the criminal justice system and society from the perspectives of privacy, the right not to self-incriminate, joint rights, and collective responsibility. (shrink)

The prelims comprise: Introduction How it Works Sources of Error and Uncertainty DNA Typing Results as Legal Evidence The Legal Reception of DNA Typing DNA Typing and the Judicial Assessment of Scientific Evidence Social Impact: Criminal Investigation and Adjudication Conclusion Notes.

The forensic use of DNA involves the public in a number of roles. The rapid adoption of DNA identification as a part of the legal system and continuing developments have afforded little opportunity to thoroughly interrogate public understandings of issues. This article reports on a survey that explores public understanding of the forensic use of DNA: sources of knowledge, understandings of processes, and attitudes toward DNA use. Overall, knowledge about DNA use was limited, particularly around means of taking (...) samples and storage, and two thirds stated that they did not have enough information about DNA use. While the majority agreed that such use of DNA is “a great step forward,” they “would be happy to give a DNA sample if requested,” and considered DNA evidence to be important, concern was indicated about some areas, such as possible mistakes. This was particularly the case for indigenous peoples. (shrink)

Fake news has been the focus of debate, especially since the election of Donald Trump (2016), and remains a topic of concern in democratic countries worldwide, given (a) their threat to democratic systems and (b) the difficulty in detecting them. Despite the deployment of sophisticated computational systems to identify fake news, as well as the streamlining of fact-checking methods, appropriate fake news detection mechanisms have not yet been found. In fact, technological approaches are likely to be inefficient, given that fake (...) news are based mostly on partisanship and identity politics, and not necessarily on outright deception. However, as disinformation is inherently expressed linguistically, this is a privileged room for forensic linguistic analysis. This article builds upon a forensic linguistic analysis of fake news pieces published in English and in Portuguese, which were collected since 2019 from acknowledged fake news outlets. The preliminary empirical analysis reveals that fake news pieces employ particular linguistic features, e.g. at the levels of typography, orthography and spelling, and morphosyntax. The systematic identification of these features, which will allow mapping linguistic resources and patterns used in those contexts, contributes to scholarship, not only by enabling a streamlined development of computational detection systems, but more importantly by permitting the forensic linguistics expert to assist criminal investigations and give evidence in court. (shrink)

A moral dilemma exists in biomedical research relating to the use of animal or human tissue when conducting scientific research. In human ethics, researchers need to justify why the use of humans is necessary should suitable models exist. Conversely, in animal ethics, a researcher must justify why research cannot be carried out on suitable alternatives. In the case of medical procedures or therapeutics testing, the use of animal models is often justified. However, in forensic research, the justification may be (...) less evident, particularly when research involves the infliction of trauma on living animals. To determine how the forensic science community is dealing with this dilemma, a review of literature within major forensic science journals was conducted. The frequency and trends of the use of animals in forensic science research was investigated for the period 1 January 2012–31 December 2016. The review revealed 204 original articles utilizing 5050 animals in various forms as analogues for human tissue. The most common specimens utilized were various species of rats, pigs, mice, and rabbits although different specimens were favored in different study themes. The majority of studies were conducted on post-mortem specimens. It is, however, evident that more needs to be done to uphold the basic ethical principles of reduction, refinement and replacement in the use of animals for research purposes. (shrink)

This monograph poses a series of key problems of evidential reasoning and argumentation. It then offers solutions achieved by applying recently developed computational models of argumentation made available in artificial intelligence. Each problem is posed in such a way that the solution is easily understood. The book progresses from confronting these problems and offering solutions to them, building a useful general method for evaluating arguments along the way. It provides a hands-on survey explaining to the reader how to use current (...) argumentation methods and concepts that are increasingly being implemented in more precise ways for the application of software tools in computational argumentation systems. It shows how the use of these tools and methods requires a new approach to the concepts of knowledge and explanation suitable for diverse settings, such as issues of public safety and health, debate, legal argumentation, forensic evidence, science education, and the use of expert opinion evidence in personal and public deliberations. (shrink)

This article challenges stereotypical conceptions of Law and Science as cultural opposites, arguing that English criminal trial practice is fundamentally congruent with modern science’s basic epistemological assumptions, values and methods of inquiry. Although practical tensions undeniably exist, they are explicable—and may be neutralised—by paying closer attention to criminal adjudication’s normative ideals and their institutional expression in familiar aspects of common law trial procedure, including evidentiary rules of admissibility, trial by jury, adversarial fact-finding, cross-examination and the ethical duties of expert witnesses. (...) Effective partnerships between lawyers and forensic scientists are indispensable for integrating scientific evidence into criminal proceedings, and must be renegotiated between individual practitioners on an on-going basis. Fruitful interdisciplinary collaboration between scholars with a shared interest in forensic science should dispense with reductive cultural stereotypes of Science and Law. (shrink)

本书主要内容包括:中国刑事证据制度的改革、论刑事法庭审判中证据的判断与运用、关于《人民法院统一证据规定》调研报告、证明负担动态论研究、中国证据立法的理想与现实等.

Academic misconduct in all its various forms is a challenge for degree-granting institutions. Whilst text-based plagiarism can be detected using tools such as Turnitin™, Plagscan™ and Urkund™, contract cheating and collusion can be more difficult to detect, and even harder to prove, often falling to no more than a ‘balance of probabilities’ rather than fact. To further complicate the matter, some students will make deliberate attempts to obfuscate cheating behaviours by submitting work in Portable Document Format, in image form, or (...) by inserting hidden glyphs or using alternative character sets which text matching software does not always accurately detect.Educators do not tend to think of academic misconduct in terms of criminality per se, but the tools and techniques used by digital forensics experts in law enforcement can teach us much about how to investigate allegations of academic misconduct. The National Institute of Standards and Technology’s Glossary describes digital forensics as ‘the application of computer science and investigative procedures involving the examination of digital evidence - following proper search authority, chain of custody, validation with mathematics, use of validated tools, repeatability, reporting, and possibly expert testimony.’. These techniques are used in criminal investigations as a means to identify the perpetrator of, or accomplices to, a crime and their associated actions. They are sometimes used in cases relating to intellectual property to establish the legitimate ownership of a variety of objects, both written and graphical, as well as in fraud and forgery. Whilst there have been some research articles and case studies that demonstrate the use of digital forensics techniques to detect academic misconduct as proof of concept, there is no evidence of their actual deployment in an academic setting.This paper will examine some of the tools and techniques that are used in law enforcement and the digital forensics field with a view to determining whether they could be repurposed for use in an academic setting. These include methods widely used to determine if a file has been tampered with that could be repurposed to identify if an image is plagiarised; file extraction techniques for examining meta data, used in criminal cases to determine authorship of documents, and tools such as FTK™ and Autopsy™ which are used to forensically examine single files as well as entire hard drives. The paper will also present a prototype of a bespoke software tool that attempts to repurpose some of these techniques into an automated process for detecting plagiarism and / or contract cheating in Word documents.Finally, this article will discuss whether these tools have a place in an academic setting and whether their use in determining if a student’s work is truly their own is ethical. (shrink)

This paper utilizes the framework of Karl Popper’s 3-world ontology to make the case that forensic science is a specialized coding system that establishes meaningful connections between the world of biology and the world of human society . Forensic science is a cross-disciplinary endeavor that uses scientific methods to determine what transpired in a crime so the legal system can determine how to prosecute the offender. On a Popperian analysis of forensic science, world 1 consists of (...) class='Hi'>evidence gathered at the crime scene, which enables investigators to develop a detailed reconstruction of the incident for consideration under the legal and ethical codes of society, which are products of world 3. Understanding forensic science in this way serves two purposes: first, it extends Marcello Barbieri’s code biology into the realm of philosophical considerations in science, law and ethics; and second, it situates forensic science within the larger context of debates in contemporary philosophy of science. (shrink)

A number of public controversies have emerged around forensic DNA testing backlogs at crime laboratories in the United States. This study provides a first look at public responses to such backlogs, using a controversy in the state of Wisconsin as a case study. First, it builds on research about public understandings of DNA and the “CSI effect” to develop a theoretical framework. Next, it explores news coverage of the Wisconsin backlog. It then uses survey data to show that public (...) understandings of DNA, media use, and demographic factors were related to how closely respondents followed the story about the backlog and/or how much they supported increased spending on DNA testing at the crime lab. Self-reported understanding of DNA predicted following the backlog, whereas perceived reliability of DNA evidence predicted both following the backlog and support. Total television viewing was not related to either following the backlog or support, but watching crime television predicted following the backlog. Reading a newspaper and watching local TV news each predicted following the backlog; reading a newspaper also predicted support. These results suggest a number of theoretical insights into how members of the public may reason about and draw on media messages regarding DNA and DNA testing in responding to forensic DNA testing backlogs. (shrink)

This article foregrounds an unofficial, “dark” strand of shamanic revival, which lies at the interstices of local inspirational religion and the state’s law in a Siberian periphery. Focusing on consultations concerned with ritual healing and counter-cursing in the Russian Republic of Tuva/tyva, southern Siberia, the article documents a field of metaphysical disorder which is governed by shamans as purveyors of “forensic” evidence of cursing and as arbiters of justice. The data on counter-cursing consultations evince a social perception of (...) shamanism as a redress for kinds of violence which transcend the limits of state law. Drawing on two shamanic narratives of affliction and its professionalization as a charisma for healing and revenge respectively, the article argues that a new kind of “forensic” evidence of crime and violence emerges from the materials on counter-cursing in Kyzyl. (shrink)

The aim of the present text is to offer an interpretation of Eyal Weizman’s_concept of forensic aesthetics, demonstrating how this approach reveals the ways in which the aesthetic perception of violence, trauma, and decomposition of human dwelling can be transformed in the current digital optical war regime. Forensic aesthetics tries to grasp a_forensic sensibility as both an aesthetic and political practice, requiring individuals to become sensitive to violence and be able to comprehend and experience the affects of disintegration, (...) trauma, and despair that are characteristic of the experience of the survivor. The environment, dwelling, and architecture are not only inert observers, but rather have become material witnesses of crimes, violence, and destruction of various dwellings inhabited by various species. The application of digital technologies in forensic aesthetics carries a strong ethical appeal to avoid injustice. Traces and fragments of evidence, as well as multiple videos and images, are synchronized and recomposed within digital architectural environments and dwellings, as an optical and interpretative tool that shapes a new type of aesthetics. (shrink)

Both opponents and proponents of the death penalty express faith in science and in DNA evidence to justify their positions. This article examines the production of forensic evidence as a social activity and suggests that tendencies toward bias and error may not apply symmetrically in inculpation and exoneration contexts.

On 6 September 1966, the prime minister of South Africa, Dr HF Verwoerd was killed by Mr Tsafendas, a Portuguese national of Greek descent, in parliament by stabbing him in the chest. Mr Tsafendas was a messenger in parliament. At the enquiry trial of Mr Tsafendas, he was found unfit to stand trial on the ground that he suffered from schizophrenia. The psychiatric evidence during the enquiry trial was reviewed and discussed under the following headings: Diagnosis of schizophrenia; Consideration (...) of cultural factors in forensic psychiatric settings; Delusional infestation v. extreme overvalued beliefs; Simulation of psychosis; Ethical considerations in criminal capacity and trial competency assessments. Lessons from the Mr Tsafendas enquiry trial for forensic psychiatrists where a defendant previously diagnosed with schizophrenia commits a prominent political murder, are summarised. It is emphasised that the personhood of an accused referred for forensic observation should be respected and protected, instead of focusing exclusively on a specific diagnosis. (shrink)

This article reviews contemporary response to several contrasting strands of recent empirical work. It begins with discussing the scope and rationale of evidence law. Experimental studies on eyewitness memory and testimony illustrate the potential value of empirical studies to the practice of investigations, prosecutions, and appeals. This article discusses several lines of empirical inquiry employing diverse methodologies, experiments, surveys, and approaches and reviews their limitations, and implications and significance for the understanding and practice of law. Many of the contributions (...) from empirical legal studies are provisional and their precise value for practice is uncertain or ambiguous, but they raise important issues worthy of serious consideration. By identifying problems with eyewitness evidence and the limitations of many of the forensic sciences, and in many other ways, empirical and experimental studies have substantially outpaced legal experience. Indifference to empirical legal study is likely to reduce the social legitimacy of legal institutions. (shrink)

The exchange of forensic DNA data is seen as an increasingly important tool in criminal investigations into organised crime, control strategies and counter-terrorism measures. On the basis of a set of interviews with police professionals involved in the transnational exchange of DNA data between EU countries, this paper examines how forensic DNA evidence is given meaning within the various different ways of constructing a police epistemic culture, it is, a set of shared values concerning valid knowledge and (...) practices normatively considered adequate and legitimate. The police epistemic culture is fuelled by multiple dynamics of boundary work, revealing how police professionals involved in international cooperation (i) define their specific core activities and competencies; (ii) construct particular understandings of valid knowledge and how it should be produced; (iii) enact the police epistemic culture in contrast to the epistemic cultures of the judicial authorities and forensic scientists. (shrink)

“Excited Delirium Syndrome” (ExDS) is a controversial diagnosis. The supposed syndrome is sometimes considered to be a potential cause of death. However, it has been argued that its sole purpose is to cover up excessive police violence because it is mainly used to explain deaths of individuals in custody. In this paper, we examine the epistemic conditions giving rise to the controversial diagnosis by discussing the relation between causal hypotheses, evidence, and data in forensic medicine. We argue that (...) the practitioners’ social context affects causal inquiry through background assumptions that enter inquiry at multiple stages. This analysis serves to better understand the wide usage of the controversial diagnosis of ExDS. (shrink)

It is well known that Bayes’ theorem (with likelihood ratios) can be used to calculate the impact of evidence, such as a ‘match’ of some feature of a person. Typically the feature of interest is the DNA profile, but the method applies in principle to any feature of a person or object, including not just DNA, fingerprints, or footprints, but also more basic features such as skin colour, height, hair colour or even name. Notwithstanding concerns about the extensiveness of (...) databases of such features, a serious challenge to the use of Bayes in such legal contexts is that its standard formulaic representations are not readily understandable to non-statisticians. Attempts to get round this problem usually involve representations based around some variation of an event tree. While this approach works well in explaining the most trivial instance of Bayes’ theorem (involving a single hypothesis and a single piece of evidence) it does not scale up to realistic situations. In particular, even with a single piece of match evidence, if we wish to incorporate the possibility that there are potential errors (both false positives and false negatives) introduced at any stage in the investigative process, matters become very complex. As a result we have observed expert witnesses (in different areas of speciality) routinely ignore the possibility of errors when presenting their evidence. To counter this, we produce what we believe is the first full probabilistic solution of the simple case of generic match evidence incorporating both classes of testing errors. Unfortunately, the resultant event tree solution is too complex for intuitive comprehension. And, crucially, the event tree also fails to represent the causal information that underpins the argument. In contrast, we also present a simple-to-construct graphical Bayesian Network (BN) solution that automatically performs the calculations and may also be intuitively simpler to understand. Although there have been multiple previous applications of BNs for analysing forensic evidence—including very detailed models for the DNA matching problem, these models have not widely penetrated the expert witness community. Nor have they addressed the basic generic match problem incorporating the two types of testing error. Hence we believe our basic BN solution provides an important mechanism for convincing experts—and eventually the legal community—that it is possible to rigorously analyse and communicate the full impact of match evidence on a case, in the presence of possible errors. (shrink)

This paper argues that judges assessing the scientific validity and the legal admissibility of forensic science techniques ought to privilege testing over explanation. Their evaluation of reliability should be more concerned with whether the technique has been adequately validated by appropriate empirical testing than with whether the expert can offer an adequate description of the methods she uses, or satisfactorily explain her methodology or the theory from which her claims derive. This paper explores these issues within two specific contexts: (...) latent fingerprint examination and the use of breath tests for the detection of alcohol. Especially in the forensic science arena, I suggest courts have often been seduced by superficially plausible explanations and descriptions of a technique or method, and permitted these to serve as a substitute for empirical testing. Thinking through these two examples illustrates both why evaluating the extent of testing should be the most important method by which courts assess reliability, and why, when other forms of explanatory evidence are readily available, we may nonetheless elect to make use of them. This paper suggests that these descriptions and explanations may at times usefully supplement evidence of testing, but should not generally be substituted for it. Finally, this paper embraces a kind of evidentiary pragmatism, in which the quantum of evidence required to establish legal reliability is determined not in the abstract, but in relation to the evidence that is, or ought to be, available as a result of reasonable research and investigation. (shrink)

This article reviews contemporary response to several contrasting strands of recent empirical work. It begins with discussing the scope and rationale of evidence law. Experimental studies on eyewitness memory and testimony illustrate the potential value of empirical studies to the practice of investigations, prosecutions, and appeals. This article discusses several lines of empirical inquiry employing diverse methodologies, experiments, surveys, and approaches and reviews their limitations, and implications and significance for the understanding and practice of law. Many of the contributions (...) from empirical legal studies are provisional and their precise value for practice is uncertain or ambiguous, but they raise important issues worthy of serious consideration. By identifying problems with eyewitness evidence and the limitations of many of the forensic sciences, and in many other ways, empirical and experimental studies have substantially outpaced legal experience. Indifference to empirical legal study is likely to reduce the social legitimacy of legal institutions. (shrink)

The advancement of the methodology and praxis called fearanalysis by the author for the past 20 years, is a process of application, theorizing, and then refining the craft. It is becoming evident that in many ways the work of fearanalysis is in large part forensic--among its many forms of interrogation....

Like the navigation tools that freed ancient sailors from the need to stay close to the shoreline—eventually affording the discovery of new worlds—Big Data might open us up to new sociological possibilities by freeing us from the shackles of hypothesis testing. But for that to happen we need forensic social science: the careful compilation of evidence from unstructured digital traces as a means to generate new theories.

A test for the admissibility of expert evidence, partly derived from Daubert, has recently been introduced into English criminal law by the unusual mechanism of aPractice Direction.This article compares the Daubert trilogy and the English Practice Direction as responses to the problem of epistemic deference by juries to experts. Juries areoften justified in deferring to experts as to the relevance of the underlying evidence examined by the expert, including what inferences can be drawn from it. There is a (...) concern, however, that juries may also defer to experts’ claims about the weight of their own evidence: how strongly or confidently those inferences can be stated. Overly deferential jurors may place excessive weight on forensic science evidence that rests on shaky foundations. The new English admissibility regime (drawing on recommendations by the Law Commission) appears better tailored than Daubert to address this issue about the strength of inferences presented by expert witnesses. As a result, however, it places considerable demands in judges, advocates and expert witnesses, and how successful it will be in practice remains to be seen. (shrink)

Cushman argues that “rationalization is rational.” We show that there is reasonable empirical clinical and forensic psychological evidence to support viewing rationalization as a quite suboptimal defense mechanism. Rationalization has been found to be associated not only with poorer emotional development, but also with a broad range of antisocial behavior, including not only shoplifting, but also pedophilia and murder.

This article takes as its point of departure the idea that the adoption of managerial principles to ensure the quality of DNA evidence is an accident of history which has changed the ways forensic biology is conducted and forensic biologists think. I begin by defining managerialism and tracking its entry into the contentious world of forensic biology, asking how it is that a focus on efficiency and precise process control is affecting these labs. My analysis unfolds (...) in two parts. I first look at the external inspection routines that assure quality in forensic labs and the degree to which these routines represent ‘‘self” rather than ‘‘peer” assessment. I next look at the internal lab quality assurance routines that facilitate managerial control of technical and scientific workers, noting that QA is a trope flexible enough to govern both the numerically auditable and quasirobotic activities of technicians along with the less tangible more consensus-based human interactions of scientists. Illustrating that ‘‘science” is being pushed aside by management imperatives, I examine the consequences of this new emphasis for both the lab workers and the criminal justice system. (shrink)

Individual and/or co-offenders fraudulent activities can have a devastating effect on a company’s reputation and credibility. Enron, Xerox, WorldCom, HIH Insurance and One.Tel are examples where stakeholders incurred substantial financial losses as a result of fraud and led to a loss of confidence in corporate dealings by the public in general. There are numerous theoretical approaches that attempt to explain how and why fraudulent acts occur, drawing on the fields of sociology, organisational, management and economic literature, but there is limited (...) empirical evidence published in accounting literature. This qualitative inductive study analyses perceptions and experiences of forensic accountants to gain insights into individual fraud and co-offending in order to determine whether the conceptual framework developed from literature accurately depicts the causes of fraud committed by individuals and groups in the twenty-first century. Findings from the study both support and extend the conceptual framework, demonstrating that strain and anomie can result in fraud, that deviant sub-groups recruit and coerce members by providing relief from strain, and that inadequate corporate governance mechanisms both contribute to fraud occurring, and provide the opportunity for fraudulent activities to be executed and often remain undetected. Additional factors emerging from this study were also identified as contributors to fraud, particularly relevant to the twenty-first century, and consequently, a refined conceptual framework is presented in the discussion and conclusion to the paper. (shrink)