Evidentiary Value Research Articles

Impact of population size on population genetic analysis of Short Tandem Repeat (STR) allelic data, forensic and paternity parameters and its effect on forensic DNA analysis.

The selection of an appropriate STR allelic frequency database is the prerequisite for assessing the evidentiary value of DNA evidence. Four data sets comprising 50, 100, 200, and 500 samples were evaluated in 21 autosomal STR markers in the Indian and the Bahrain population. Allelic richness showed an increasing trend with the increase in sample size i.e., 193 and 201 (50 samples), 217 and 221 (100 samples), 255 and 238 (200 samples), and 292 and 285 (500 samples) in both the populations. TPOX and D13S317 markers did not show any increase in allele number, whereas SE33 markers showed the highest increase in both populations. With the increase in sample size, 70 (Bahrain population) and 100 (Indian population) alleles having < MAF were detected. Similarly, 37 and 47 previously undetected alleles could be detected when the sample size was increased from 50 to 500 in the Indian and Bahrain populations respectively. In the Indian population, Match probability, decreased with a 500-sample size, whereas, the PIC, PE, Heterozygosity, and PI increased with the increase in sample size. Further, database size did not show any statistical difference in the outcome of the Paternity Index value in the 50 paternity trio cases studied.

The contribution of facial recognition technology to wrongful arrests and trauma.

When a crime is captured on video, law enforcement agencies increasingly have used facial recognition technology (FRT) to generate suspects to investigate. However, there are increasing examples of people who have been wrongfully arrested based because of the inaccurate results returned from these artificial intelligence-assisted searches of facial databases, despite very low error rates in the accuracy of these systems. We discuss the reliability of the evidence provided by a match returned by FRT, propose a framework for identifying potential problems with the use of FRT in criminal investigations, and review the research on the general trauma that comes from justice system involvement, trauma that is compounded by wrongful arrest and conviction. We also provide an analysis of how database size affects the evidentiary value of the matches returned by FRT. Variables like facial database size, race of the culprit, and quality of the probe photo can increase the likelihood that FRT systems will return false positive matches. The use of FRT for developing suspects in criminal investigations is likely to exacerbate the already profound racial disparities in the outcomes produced by the criminal legal system and increase trauma experienced by those who are wrongfully arrested or convicted. We recommend extreme caution surrounding its use. In addition, we call for more research on the trauma associated with wrongful arrest, which is likely to occur with the current use of FRT. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Assessing the Reliability of Firearms Expert Reports: A Critical Analysis

This critical analysis investigates the dependability of firearms expert reports, which are admissible in evidence under Section 39(1) of the Bharatiya Sakshya Adhiniyam, 2023, in criminal investigations and legal proceedings, emphasizing their function in connecting firearms to criminal activities through ballistic evidence. The research reviews advancements in firearms analysis, including trajectory reconstruction and gunshot residue testing, while also addressing concerns related to the subjective nature of these analyses and the absence of standardization across various laboratories. Through an extensive literature review, this paper identifies key issues impacting the credibility of firearms reports, such as human error, lack of proper video documentation of the search and seizure operation along with laboratory analysis of the firearms, the subjective interpretation of tool marks, absence of reliable and independent witnesses, failure to convince the court regarding the reasons on which the expert opinion is grounded, and varying methodologies. The findings indicate that although firearms expert reports play a vital role in criminal cases, elements like evidence management and the level of expertise significantly influence their reliability, highlighting the necessity for rigorous standards and quality control to maintain their evidentiary value in court.

Visual Pleasures? Wehrmacht Vernacular Trophy Photographs and the Female Other in Nazi-Occupied Europe

ABSTRACT Innumerable historical snapshots from World War II depict German soldiers visually celebrating their victories over an enemy or conquered population. Trophy photographs of German soldiers serve as one valuable heuristic tool to probe German visual cultures and military performances of the self. Indulging in common pictorial tropes that include fixating on female bodies, they have largely been ignored by Holocaust scholars who tend to concentrate on photographs of violence and their evidentiary value. This article places German images of wartime courtship and sexual conquest in dialogue within a broader spectrum of images depicting encounters with women in Nazi-occupied Europe. Photographs of hookups and flirtation with the female vanquished population enable us to embed Nazi warfare and the Holocaust not only in the larger context of conquest and exploitation, but also the cultural and affective mindset of combatants. Delving into the multifaceted histories of these images allows one to deconstruct the violence that lurks beneath the esthetically ‘benign’ visibility and to question the ambivalent affective power of the hyper-violent photographs. In the aggregate, images of violence, humiliation, and non-injurious sexual desire expose a range of behaviors and further shine a light on the ways in which mass violence and genocide are embedded in photographs. The article investigates different motives and ways in which German soldiers visually and physically conquered foreign women and how they ogled and photographically appropriated them. By scrutinizing body language, gestures, facial expressions, and poses the article peels back different layers of the camera’s gaze and of the depicted German soldiers and female subjects, while simultaneously scrutinizing the intersection of sexuality and violence, where desire, spectacle, and esthetics converge into visual pleasure.

Forensic Examination of Odor Traces: Genesis and Current Status. In Memory of V.I. Starovoitov

In recent years, forensic examination of odor traces (odorprints) has been increasingly commissioned in investigative practice. But the demand does not remove the issues of the name for the analysis, the definition of its object, tasks and place in the system of forensic examinations, the solution of which directly affects its purpose and production. In addition, there are some scientific disputes on the possibility and expediency of conducting a forensic analysis of odor traces and the evidentiary value of its results. The author gives a brief overview of the origin and development of this type of forensic examination, provides arguments and counterarguments regarding its conduct. The analysis of scientific literature has shown the need for a clear definition of the name of the examination – forensic examination of odor traces, as well as for designation of objects of this type of study – odor traces in the form of odorous substances. According to the author, forensic analysis of human odor traces is a type of examination included in the genus of forensic biological examinations of human tissues and secretions within the class of forensic biological examinations.

Traces of holiness: blessed women, holy women in the papers of diocesan archives

The article aims to focus attention on the study of blessed women and holy women through the documentation found in diocesan archives and belonging to the series of canonization processes. With the regulation of the process, narrative organization gave way to legal defense, confrontation to analysis, and narrative to texts that had evidentiary value, and all this gave rise to a mine of information not only about the lives of the blessed and holy women, but also about the society in which they had lived.

Why the post-identification era is long overdue: Commentary on the current controversy over forensic feature comparison as applied to forensic firearms examination

In this commentary, we critically review recurring arguments for and against the discipline of forensic feature comparison as applied to firearms examination from various commentators within and outside forensic science. One of the mainstream criticisms that we address, among others, is that the field cannot demonstrate sufficient proficiency and robustness based on empirical (i.e., black-box) studies. While the lack of empirically demonstrated examiner proficiency is a valid concern and a powerful concept in the short term (e.g., in admissibility proceedings), many critics reduce their discussion of forensic feature comparison solely to the need to measure and demonstrate proficiency through error rates. However, the exclusive focus on aggregate expert performance metrics, here referred to as examiner diagnosticism, remains a surface-level perspective. It provides an incomplete account of the field because these metrics do not represent—but are often confused with—the notion of the evidentiary value of findings, i.e., observations made on examined items in individual cases. We argue that examiner diagnosticism should be contrasted and complemented with the notion of feature selectivity, i.e., the diagnostic capacity of observed marks and features on examined items. We argue that forensic scientists should report and be probed on their ability to quantify feature selectivity (i.e., the probative value of findings). By ceasing to express source attribution opinions (identification/individualisation), which are now widely exposed as unscientific, the forensic feature comparison disciplines could move further into the long-awaited post-identification era pioneered by other fields such as forensic genetics.

Судебная экономическая экспертиза в делах о банкротстве

This work is devoted to the study of problems related to the conduct of judicial economic examinations in bankruptcy cases. The article discusses general theoretical issues related to the use of special knowledge in the arbitrazh process, as well as the legal aspects of the use of forensic examinations and their evidentiary value. A special part of the study is devoted to bankruptcy issues. Particular attention is paid to the problems related to the classification and regulatory consolidation of the methods of financial examinations conducted within this category of cases. The paper also provides a detailed study of all available judicial practice of arbitrazh courts of the first, appellate and cassation instances in bankruptcy cases for the period from 2020 to 2023.

AKIBAT HUKUM TERHADAP SERTIFIKAT HAK ATAS TANAH YANG TUMPANG TINDIH

Legal efforts to facilitate referrals to plots of land so that good land management can be carried out. After the land registration has been completed according to the stages carried out, a Principal Rights Certificate is issued. This is proof of ownership and is considered strong evidence of the physical and legal data contained therein as long as the physical and legal data is still maintained. The data is in accordance with information from relevant survey documents and land legal documents. A certificate as proof of land ownership after being registered at the Land Office of course brings legal certainty to the holder. However, in fact there are several cases where the certificates overlap, such as in the case that was decided in decision number 32/G/2023/PTUN SBY ​​between Sri Wulandari and the Head of the Batu City Land Office and I Made Artawan. Legal certainty regarding land ownership is by registering the land owned by each person, because based on Article 1 paragraph (1) of the Basic Agrarian Law, by registering the land we own, this guarantees legal certainty for the land owner and is proven by the issuance of a land title certificate. This land ownership certificate has strong evidentiary value as long as the land procurement and registration is carried out according to established procedures and there are no clerical defects in the land registration. Article 32 (2) PP Regulation Number 24 of 1997.

TECHNICAL MEANS IN CRIMINAL PROCEEDINGS (PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS)

The article examines the judicial legal positions of the European Court of Human Rights (hereinafter — ECHR) on the issue of the use of technical means in criminal proceedings. The rulings of the ECHR on the issues of application of video-conferencing, wiretapping technologies, biometric systems and polygraph are analyzed. It is necessary to ensure the effective participation of the accused in the course of the trial, the possibility of presenting evidence and confidential communication with the defense lawyer when using videoconferencing. The ECHR also insists that there is sufficient legal regulation and safeguards against abuse in the use of special technical means for collecting information on private life and surveillance technologies. The polygraph has no special evidentiary value for the ECHR, but its results can be used along with other evidence. The position of the ECHR that the use of technical means and innovations in criminal proceedings is on the whole positive and contributes to the efficiency of justice is summarized. However, in this case the guarantees of a fair trial must be observed and the violation of the privacy of participants in legal proceedings is inadmissible. Measures to improve the Russian legislation are proposed, taking into account the judicial legal positions of the ECHR on the issues under consideration regarding the use of technical means in criminal proceedings, and the importance of achieving a balance between respect for the rights and freedoms of the individual and the need to use technical means for the effective investigation of crimes is emphasized.

TOPICAL ISSUES OF THE INTRODUCTION OF ELECTRONIC DOCUMENTS IN PRE-TRIAL PROCEEDINGS AND THE FORMATION OF AN ELECTRONIC CRIMINAL CASE

Considering the current state of pre-trial proceedings, the author presents the theoretical foundations and practical recommendations on the use of electronic documents during pre-trial proceedings. A study was conducted on the integration of electronic document management and pre-trial proceedings. The procedure for using electronic documents at the stages of initiation of a criminal case and preliminary investigation is considered, the possibility of conducting investigative and other procedural actions is indicated, as well as the delivery of an indictment in the form of an electronic document. In the article, the author displays the position of the law enforcement officer on the use of video recording and its use as an appendix to the protocols of investigative and other procedural actions. The necessity of giving the video an independent evidentiary value, the introduction of video recording and its use as an electronic document is substantiated. The activity of the preliminary investigation bodies in working with electronic document management is studied, the problems of its application in the organizational work of the investigator in pre-trial proceedings are highlighted and solutions are proposed. The possibility of introducing a unified digital platform for criminal proceedings with the concept of forming an “electronic” criminal case based on the formation of electronic procedural documents is considered.

Regulatory Reform of the Storage of Notary Protocols as a National Archive in Indonesia

Pancasila serves as a foundational source of legal and moral norms in Indonesia, guiding both state governance and national identity. Ethical principles embedded within Pancasila are fundamental to the administration of the state. Notaries, appointed by the state, hold significant responsibilities and legal authority to serve the public in civil matters. Their roles and duties are defined in the law, particularly in the Criminal Code's Fourth Book on evidence and validity, where authenticated documents serve as compelling evidence, with Notary Deeds recognized as the strongest and most comprehensive proof. This normative legal research explores the preservation of Notary protocols by their holders to ensure the legal validity of deeds as enduring evidence for parties or their successors. Considered akin to State Archives, Notary protocols constitute a collection of deeds documenting rights and obligations, possessing robust evidentiary value.

The Evidentiary Power of Dementia Witnesses in Domestic Violence Cases

The Indonesian criminal justice system often neglects crime victims, relegating them to mere witnesses needed for case substantiation, a consequence of its bias towards perpetrator protection. This disregard extends to vulnerable victims like those with dementia, whose cognitive limitations significantly hinder their courtroom testimony, posing challenges in recalling events and expressing themselves clearly. Consequently, the credibility and evidentiary value of their statements are compromised, exacerbating the social and psychological impacts on dementia sufferers. This research aims to address this issue by examining the evidentiary power of dementia witnesses in domestic violence cases within the Indonesian legal framework, drawing on theories of legal protection and certainty. Employing a normative juridical approach, the study analyzes the role of the Public Prosecutor in the evidentiary process and proposes regulatory frameworks to ensure the fair treatment and protection of vulnerable individuals within the criminal justice system.

Использование результатов оперативно-разыскной деятельности в дисциплинарном производстве в отношении судей: нонсенс современной правоприменительной практики

The article justifies the conclusion that the practice of bringing judges to disciplinary liability in the form of early termination of powers only based on results of criminal intelligence and surveillance operations submitted to the judicial community directly by law enforcement authorities does not meet the criterion of legality as such results are verified by procedural means and have no evidentiary value in bringing a person to legal liability.

REDEFINING INTERPRETERS’ AND TRANSLATORS’ ROLES

In multilingual societies, translation and interpreting play pivotal roles in facilitating access to essential services provided by public institutions for individuals speaking languages other than the official language. However, prevailing assumptions among professionals in these institutions often regard translation as a mechanical process, overlooking the inherent interpretive nature of interlingual transfer. This study examines the interventions of intercept interpreters/translators (IITs) in the translation process within the criminal justice system, focusing on covert communication surveillance. An analysis of 538 translated intercept records (TIRs) reveals that IITs significantly intervene in selecting and interpreting content, often decrypting vague or encoded terms used in intercepted conversations. These interventions, which include annotations and comments, shape the evidentiary value and comprehensibility of TIRs. The findings highlight the complex nature of communication surveillance and underscore the need to reconsider the roles of translators and interpreters. This study contributes to our overall understanding about the ambiguous roles interpreters and translators may play in public institutions. As for IITs, the study suggests a re-evaluation of their roles that recognizes their specialized skills and multiple tasks.

THE RELEVANCE OF ‘CHARACTER WITNESS’ TESTIMONY IN CRIMINAL CASES IN INDONESIA

Character witnesses evidentiary relevance remains underexplored in Indonesian academic discourse. This article addresses this gap by examining the circumstances in which character witness testimony holds significance. Using qualitative study referencing eleven court decisions in criminal cases, the research identifies three key contexts where character witness testimony proves relevant. First, it serves to elucidate elements crucial to the assessment of a crime. Second, it aids in determining whether a defendant should be exempted from criminal liability. Third, it may influence sentencing considerations by either mitigating or aggravating the severity of penalties imposed. Moreover, the article examines the limitations inherent in character witness testimony. It highlights that such testimony may lack relevance to provide contextual assistance to the judges Additionally, while character witness testimony can potentially enhance understanding of a defendant's disposition, it cannot serve as sole grounds for conviction. Propensity evidence derived from character witness statements may be considered in sentencing phases to influence severity but cannot independently establish guilt. This article contributes to a nuanced understanding of the role of character witnesses within the Indonesian legal framework, offering insights into their potential impact on judicial decision-making and the boundaries of their evidentiary value in criminal proceedings.

Leveraging video evidence in domestic violence misdemeanour cases: Examination of case dispositions and case length

Abstract Law enforcement has used video recording devices (e.g. dash camera, body-worn camera) for more than 40 years, with body-worn cameras emerging in 2005 as a policing tool. However, little is known regarding how video evidence is leveraged in case decision-making and outcomes for domestic violence. Law enforcement may use cameras to enhance evidence collection in domestic violence cases, take statements from victims, witnesses, and offenders, record injuries and damages, and document the administration of risk/injury assessments. Preliminary research has indicated video evidence may have strong evidentiary value in domestic violence cases, however, has rarely controlled for other contributing factors. This study furthers our knowledge by examining how video evidence taken by law enforcement impacts case outcomes and length of time to disposition in a sample of closed, misdemeanour domestic violence cases within a large county in a southwestern state. A random sample of cases (n = 612) with and without video evidence were examined for differences in case disposition and case length. Additional evidentiary factors and case characteristics are considered such as prior criminal charges, victim–offender relationship, presence of non-video evidence, presence of witnesses, and gender of offender. Analyses indicate significant differences, such that cases with video evidence are associated with increased guilty pleas, increased convictions, and less time to closure/final case disposition. Findings have implications for the use of video evidence in strengthening the criminal justice response to domestic violence incidents in combination with other case factors.

A trace fiber population study on upholstered chairs in a military environment

This fiber population study has assessed the prevalence of the color and type of trace fibers present on upholstered seats in a specific setting to identify the most common and rare colors and to determine their evidentiary value. Nearly 22,000 fibers were collected via tape lifts from 25 fabric covered chair seats in a lobby area on Beale Air Force Base and examined microscopically to determine their apparent colors. Overall, blue and white/colorless were the most and nearly equally common colors (32.0 % and 31.5 %, respectively), followed by black/grey (19.6 %), brown (8.6 %), yellow/tan (4.9 %), and red/pink (2.5 %), while orange, purple, and green were the rarest (0.5 %, 0.3 %, and 0.3 %, respectively). Among rarest color fibers, plant-based fibers were predominant (77.7 %), consisting of mainly cotton, followed by synthetic fibers (17.4 %), then the least prevalent animal fibers (5.0 %). These color rankings align similarly to previous studies, despite the prominence of blue color fibers and higher proportions of brown and yellow/tan color fibers.

Взаимодействие следователя и специалиста по результатам исследования с применением полиграфа

One of the problematic issues of research using a polygraph is the importance of “polygraph results” for the investigation. The Supreme Court's denial of the evidentiary value of psychophysiological research forces investigators to seek ways to effectively apply the results obtained by a specialist in a study using a polygraph. In order to determine the preferences of investigators in the options for interaction between an investigator and a specialist based on the results of a polygraph study, a survey of forensic investigators undergoing advanced training at the Moscow Academy of the Investigative Committee of the Russian Federation was conducted. The results of the survey allow us to draw conclusions that investigators use “polygraph results” in preparation for interrogation, use them to exert legitimate psychological influence on the interrogated, in order to expose false testimony; They highly appreciate the expediency of promptly notifying the investigator about the preliminary results of the polygraph test, as well as the expediency of interrogating a specialist “polygraphologist” in order to explain to the investigator the “results of the polygraph” and give them a procedural status.

Evidentiary value and evidentiary status of blockchain evidence

Blockchain evidence is a technical method for evidence storage, transmission and fixation. Its evidential value has a dual nature, reflected in the fact that it cannot be absolutely tamper-resistant, can only provide periodic assurance of evidence authenticity and the commonly used consortium chains do not possess all the benefits of public chains. Simultaneously, blockchain evidence occupies a unique status within the entire evidence system, it serves as an evidentiary storage mechanism, is essentially an electronic evidence reflecting both the evidence collection process and outcome and its notarisation and forensic examination documents are a type of opinion evidence. It is evident that blockchain evidence does not emerge in a vacuum, rather than serving as a mere replacement for traditional evidence, blockchain evidence represents an upgrade in the functionality and effectiveness of traditional evidence. From this perspective, the improvement of blockchain evidence rules should align with the basic position of ‘technological neutrality’, which means that although technological evolution can lead to rapid changes, legislators are not always required to cater to these dynamic demands. It is essential to distinguish between on-chain and off-chain when addressing issues of authenticity, hearsay and originality, and improvements proposing should within the frameworks of existing electronic evidence rules and opinion evidence rules, thereby unlocking the potential of blockchain evidence.