Forensic Specialists Research Articles

Judiciarisation of the mentally ill and/or mentally incapacitated in the Malawi criminal justice system: Gaps and flaws of human rights protection

Rates (where recorded) of mental illness, intellectual disabilities and co-morbidities are disproportionately high and rising among global prison populations. There is little data on the extent of mental illness and/or mental incapacity in prison populations in the Global South. Criminal justice systems are generally under-resourced, with a lack of adequate forensic monitoring, availability of specialist psychological and psychiatric expertise, and system coordination with mental health treatment and support services.Very little is known with regard to the judiciarisation of the mentally ill and/or mentally incapacitated in African criminal justice systems. In this Commentary we focus on Malawi, as a least developed country in sub-Saharan Africa. We present the international human rights framework pertinent to the judiciarisation of people with disability, the global discourse around disability-neutral doctrines and the contentiousness of the link between mental and legal capacity. We discuss challenges and procedural complexities in the Malawi criminal justice system as it relates to how people with mental illness and/or mental incapacity navigate the process and to what extent their basic human rights are upheld.Mental health legislation and policies to uphold the rights of the mentally ill and/or mentally incapacitated in the criminal justice system are underdeveloped (and under-resourced). There are backlogs in forensic assessments to determine competency to stand trial and criminal responsibility; inadequate availability of forensic beds; and insufficient coverage of community and prison based mental health services. Lengthy detention periods in overcrowded unsafe conditions are common, with little or no access to specialist medical care.We present medico-legal and clinical recommendations for enhanced human rights monitoring and protections cognisant of the various challenges in ensuring the implementation of human rights and of due process in Malawi. We encourage the government to consider formal diversion options via mental health courts and invest in the capacity of forensic specialists and hospitals to support court assessments and community care. Oversight mechanisms preventing human rights abuses of these very vulnerable individuals are crucial in all mental health settings in Malawi, not limited to police custody, remand detention facilities and prisons. Ratification of the Optional Protocol of the Convention against Torture is imperative.

External challenges for specialists dealing with forensic autopsies.

In addition to poor infrastructure, and human resource constraints, forensic medicine specialists in developing countries face many external challenges. We aimed to investigate the prevalence, type, and source of external challenges confronting them including sex, age, religion, deceased's place of residence and the number of accompanying relatives. This cross-sectional, observational study was conducted between August 2020 and July 2022 at the Mortuary of AIIMS, Bhubaneswar with the approval of the ethical committee. Of note, forensic medicine specialists faced external challenges in about one in five cases (20.5%). Most demands were to either minimise the autopsy procedure (n = 65) or to conduct the autopsy at inappropriate times (n = 58). The demands to minimise the autopsy procedure were significantly associated with the deceased's age (p = 0.046), religion (p = 0.010), socioeconomic class (p = 0.020) and manner of death (p = 0.019). Our study found that forensic medicine specialists in India face significant external challenges. Avoiding unnecessary complete autopsies, implementing night autopsies, and embracing minimally invasive autopsies are recommended to mitigate these challenges.

Medico-legal scene investigation in the case of burned bodies - a systematic review.

A judicial on-site examination is essential for the correct analysis of a forensic case, particularly when there has been a fatal fire, as heat-related changes to bodies make identification by the forensic pathologist and other specialists difficult along with estimating the post-mortem interval and determining the precise cause and manner of death. We systematically reviewed all relevant articles dating from 2003 to 2022 in the PubMed database with a view to updating recommendations on how best to proceed. Our recommendations highlight the importance of a multidisciplinary team approach involving various forensic specialists.

The detection and identification of footprint impressions at the scene of crime – A mini review

In order to identify the offender and solve a mystery crime like Footprint, forensic investigators hunt for physical evidence at crime scenes or the place of the crime. Forensic science is based on physical evidence. Even in the early stages of the inquiry, the footprint is simply overlooked since it is thought to be unimportant, even though it is essential physical evidence found at many crime scenes, including those of homicide, burglary, and sexual assault. The most similar kind of pattern-based evidence to fingerprint and gait analysis are blood pattern analysis. The most crucial aspect of forensic science is the analysis and comparison of the footprint impressions. The investigation officer or forensic science specialist usually follows the parameters, such as the design, size, or shape of a footprint, when taking footprint impressions. In a criminal investigation, a footprint impression can be helpful evidence that steers the case in the wrong way. In comparison to the footprints left by walking, those left by standing are smaller. In this review paper, we demonstrate how to quickly analyze the footprint imprint found at the crime scene using the scientific method.

How could forensic psychiatry be made more attractive?

Decrease in the number of forensic psychiatric experts recently reached a critical level. Shortage of forensic experts caused difficulties in the health care as well as in the justice system. Surveying of how the field of forensic psychiatry and the forensic psychiatric expert work can be made more attractive. We performed an online survey among forensic psychiatric experts and specialists in psychiatry. We complied a questionnaire that beside demographic data contained questions in 4 areas. The first 2 areas of the questionnaire - simplifying the forensic psychiatry training (10 items), decreasing the cost of the forensic psychiatry training (5 items) - consisted of simple tatements. Responders had to indicate on a 10-point Likert scale their level of agreement. In the last 2 areas, participants were asked to describe in unstructured format whether they see any circumstance that makes forensic psychiatry attractive or unattractive. The questionnaire was sent out in electronic form to the forensic psychiatric experts on the mailing list of the Hungarian Forensic Expert Chamber, and all specialists in psychiatry on the mailing list of the Hungarian Medical Chamber. Altogether 171 persons filled in the questionnaire with a mean age of 57.26 ± 11.57 years. There were 122 (71.3%) females among the participants. The following proposals received the highest ratings from the forensic psychiatric experts as well as from the specialists in psychiatry: increasing the number of the training institutes; decreasing the costs of the training; making the Hungarian Forensic Expert Chamber course free of charge; and introducing a stipend to cover the costs of the training. Results of the survey indicate that active forensic psychiatric experts and specialists in psychiatry representing a potential professional resource, concur that forensic psychiatry training can be made more attractive mainly with increasing the number of training institutes and decreasing the total costs of the training which is compiled from different constituents. Due to the critical lack of necessary professionals, urgent action is needed to make forensic psychiatry more popular and the forensic psychiatry qualification easier to obtain. Orv Hetil. 2023; 164(35): 1373-1380.

Improving Fraud Performance with a Different Perspective

SUMMARY Chui, Curtis, and Pike (2022) find that auditors encouraged to take a forensic specialist's perspective provide a more effective and efficient risk response in varying fraud risk environments than with their traditional mindset. The study provides evidence that auditors can adopt the forensic perspective which focuses on fraud detection, while maintaining their typical audit roles and responsibilities. We summarize their key findings and discuss practical implications and actionable suggestions for audit practitioners. These insights suggest a potential low-cost mechanism to improve auditors' fraud risk assessments and subsequent risk responses.

The RIGHT Scoring System for the Medicolegal Classification of Head Injury.

In India, in case of an allegation of assault, the medical officer is required to classify the nature of injury into simple, grievous, and dangerous based upon the Indian Penal Code, which is outdated and has numerous gray areas. The aim of this study is twofold: first, to formulate an objective scoring system for the medicolegal classification of head injuries and Second to validate the proposed scoring system on patients with head injury. A panel of experts consisting of neurosurgeons, radiologists, and forensic specialists came up with an objective scoring system, coined as the RIGHT (radiological-intervention-Glasgow Coma Scale (GCS)-based head trauma) scoring system consisting of three parameters, namely, the motor subscore of the GCS, computerized tomography image findings, and management of the patient. This was used to classify head injuries-into simple, grievous, and dangerous. A single-centre pilot study was planned-including patients with head trauma reporting to the emergency department. Medicolegal nature of the head injury was classified according to the proposed RIGHT score. A 6-month follow-up was performed using the Glasgow Outcome Score (GOS). In total, 130 patients with head injury reported to the emergency department. There was a significant correlation between the RIGHT score assigned upon admission and the GOS at 6 months (P < 0.001). As the scoring system could be applied objectively and a significant correlation between nature of injury given by RIGHT score and 6-month outcome was present; therefore, the RIGHT scoring system proved to be an effective method in unambiguously classifying the nature of head injury for medicolegal opinions.

How to Distinguish Feigned from Genuine Depressive Symptoms: Response Patterns and Content Analysis of the SIMS Affective Disorder Scale

In civil and forensic evaluations of psychological damage, depression is one of the most commonly identified disorders, and also one of the most frequently feigned. Thus, practitioners are often confronted with situations in which they must assess whether the symptomatology presented by a patient is genuine or being feigned for secondary gains. While effective, traditional feigning detection instruments generate a high number of false positives—especially among patients presenting with severe symptomatology. The current study aimed at equipping forensic specialists with an empirical decision-making strategy for evaluating patient credibility on the basis of test results. In total, 315 participants were administered the Beck Depression Inventory-II (BDI-II) and SIMS Affective Disorders (SIMS AF) scales. Response patterns across the experimental groups (i.e., Honest, Simulators, Honest with Depressive Symptoms) were analyzed. A machine learning decision tree model (i.e., J48), considering performance on both measures, was built to effectively distinguish Honest with Depressive Symptoms subjects from Simulators. A forward logistic regression model was run to determine which SIMS AF items best identified Simulators, in comparison with Honest with Depressive Symptoms subjects. The results showed that the combination of feigning detection instruments and clinical tests generated incremental specificity, thereby reducing the risk of misclassifying Honest with Depressive Symptoms subjects as feigners. Furthermore, the performance analysis of SIMS AF items showed that Simulators were more likely to endorse three specific items. Thus, computational models may provide effective support to forensic practitioners, who must make complex decisions on the basis of multiple elements. Future research should revise the content of SIMS AF items to achieve better accuracy in the discrimination between feigners and honest subjects with depressive symptoms.

Forensic Accounting and Litigation Support: The Role of Expert Witnesses in Legal Proceedings

This research examines the role of forensic accounting and litigation support in uncovering complex financial transactions and schemes used in money laundering cases in Nigeria. The study applied agency theory, developed by economists such as Jensen and Meckling, Ross, and Fama and Jensen, and used a qualitative research design, secondary sources, and content analysis to analyze the data collected. The study found that the cases of James Ibori, Darius Ishaku, and Diezani Alison-Madueke demonstrate the importance of forensic accounting and litigation support in uncovering complex financial transactions and schemes used in money laundering cases in Nigeria. The use of expert witnesses who provided forensic accounting evidence played a significant role in securing the conviction and forfeiture of assets of the defendants in these cases. Expert witnesses helped establish the existence and extent of money laundering activities, identified and traced the source and destination of laundered funds, explained complex financial transactions and schemes, demonstrated the link between defendants and their accomplices, estimated the value and location of assets acquired with laundered funds, and provided credible and reliable information that withstood cross-examination. The study also found that the expert witnesses helped educate and inform the judges or jury about forensic accounting concepts and techniques, simplified and clarified complex financial issues, enhanced the credibility and persuasiveness of the prosecution's case. The research concludes that forensic accountants must invest in investigative skills and uphold the qualities of honesty and objectivity to be effective expert witnesses in litigation support services. Furthermore, the study revealed that forensic accounting specialists can be invaluable in the collection of evidence, as they can help legal teams unearth information that might define the framework of litigation and detect fundamental issues that might not be noticeable to others.

DETERMINATION OF THE PROFESSIONAL COMPETENCIES OF FORENSIC EXPERTS IN THE SPHERE OF INTELLECTUAL PROPERTY AND THEIR IMPORTANCE FOR THE TRAINING OF EXPERTS

The article is dedicated to identifying key paradigms that can be used in implementing competency-based approaches in the training and certification of forensic experts in the intellectual property field. It is noted that the basis for practical activities in the field of forensic examination of intellectual property objects is applying the knowledge acquired by specialists for theoretical, procedural, and organizational provisions of forensic examination; mastering intellectual property rights’ legislative framework, basic theoretical and methodological knowledge of forensic examination in the field of intellectual property; acquisition of skills in applying methodological approaches for solving expert tasks during training (internship). The approaches are highlighted to determine the types of professional competencies of forensic experts and specialists involved by the court, pre-trial investigation authorities, or other parties to the case in conducting forensic examinations. It is proposed to divide the components of forensic experts’ competencies in the field of intellectual property into 3 main types: general competencies, special (professional) competencies in the field of intellectual property, and special (subjectmatter) competencies in a particular expert specialty. General and special (professional) competencies in the field of intellectual property can be applied to experts who are certified in all areas of forensic examination in the field of intellectual property. At the same time, special (subject-matter) competencies for each expert specialty should be defined, considering the content of the topics specified in the approved expert training programs. The position is expressed on the expediency of granting forensic experts the right to choose the method of acquiring professional competencies independently.

Spectrum of histopathological lesions of heart: An autopsy study at tertiary care center

Abstract Background: There has been a notable rise in cardiac-related fatalities globally, especially in the last five decades. In India, ischemic heart disease has become prevalent, affecting roughly 10% of the population. For forensic specialists, establishing the cause of death in individuals previously in good health can be complex. Autopsies are crucial in evaluating the underlying factors responsible for such deaths. This research seeks to identify and scrutinize a wide range of histopathological heart abnormalities that significantly influence the determination of the cause of death. Materials and Methods: This study was conducted in the Department of Pathology from January 2020 to December 2020. During this period, we received a total of 209 whole heart specimens. Of these, 208 specimens underwent comprehensive examinations, including macroscopic and microscopic observations. Results: Out of the 208 cases examined, 94 showed evidence of both early and advanced atherosclerosis, whereas 65 showed early and late signs of myocardial infarction. Myocardial hypertrophy was evident in 29 patients. Isolated instances of myocarditis and pericarditis were observed in one case each. Fatty streaks were identified in 32 cases; three showed red blood cells with sickle cell morphology. Heart rupture was detected in one case, and another revealed metastasis from a poorly differentiated tumor. Notably, in 90 cases, the cause of death remained undetermined despite thorough macroscopic and microscopic autopsies. Conclusion: The primary reason for cardiovascular fatalities is atherosclerosis-related myocardial infarction.

IMPLEMENTATION OF THE PRINCIPLES OF CRIMINAL JUSTICE IN THE ACTIVITIES OF A SPECIALIST AND A FORENSIC EXPERT: PROBLEMS AND PROSPECTS. Part 2.

The presented work continues to consider the issue of compliance with the constitutional principles of justice, in the activities of a forensic expert and specialist, which are enshrined in criminal procedure legislation and other legal acts. The first part of this work was devoted to the legal analysis of the activities of a specialist in criminal proceedings. It indicated that according to the criminal procedure legislation, two types of them can be distinguished: - specialist; - employee of an authorized unit of a law enforcement or special state body of the Republic of Kazakhstan. The reasoned conclusion is made that the presence of specialists in departmental subordination contradicts the principles of justice enshrined in the Constitution of the Republic of Kazakhstan, and also violates the principles of criminal procedure established in the CPC of the Republic of Kazakhstan. The proposed continuation of the conducted research is devoted to the disclosure of the legal content of the forensic expert in accordance with the current legislation. A retrospective analysis of the formation and development of forensic expert activity as part of one state body is made in order to strengthen the true independence of forensic experts from the departmental influence of criminal prosecution bodies. The issues of professional competence of forensic experts are revealed through the prism of their formation and training. The main content of forensic expert research is the system of methods used in the study of objects of forensic examination, which is given due attention in this publication. Speaking about the positive aspects of forensic experts, the shortcomings that, according to the author, do not contribute to strengthening the principles of justice in criminal proceedings were not ignored. Based on the results of the conducted research, reasoned proposals are made aimed at improving the activities of a specialist and a forensic expert. Therefore, this work has been prepared in the context of the direction in which "it is important to continue taking measures aimed at modernizing forensic expertise".

Rethinking the principles of work forensic medical experts in emergencies cases with massive human casualties

For many years, the topic of the participation of forensic experts in the elimination of the consequences of emergencies with a large number of human casualties has remained relevant. Every year, there are more reports about problematic issues of the organization and provision of forensic medical support in cases of mass death of people, particularly in armed conflicts.&#x0D; The presented report attempts to rethink the tasks and formulate the principles of forensic medical specialists who work in emergencies, including mass death and unknown disappearances of people.&#x0D; Based on international and domestic experiences, work is needed to standardize procedures and algorithms for registering primary information and identifying signs of the deceased.&#x0D; Standardized work algorithms and standardized forms are important for deceased identification because they simplify and formalize the registration, description, and subsequent information sharing on unidentified dead bodies, avoiding mistakes and omissions.

Forensic Analysis Laboratory for Sport Devices: A Practical Use Case

At present, the mobile device sector is experiencing significant growth. In particular, wearable devices have become a common element in society. This fact implies that users unconsciously accept the constant dynamic collection of private data about their habits and behaviours. Therefore, this work focuses on highlighting and analysing some of the main issues that forensic analysts face in this sector, such as the lack of standard procedures for analysis and the common use of private protocols for data communication. Thus, it is almost impossible for a digital forensic specialist to fully specialize in the context of wearables, such as smartwatches for sports activities. With the aim of highlighting these problems, a complete forensic analysis laboratory for such sports devices is described in this paper. We selected a smartwatch belonging to the Garmin Forerunner Series, due to its great popularity. Through an analysis, its strengths and weaknesses in terms of data protection are described. We also analyse how companies are increasingly taking personal data privacy into consideration, in order to minimize unwanted information leaks. Finally, a set of initial security recommendations for the use of these kinds of devices are provided to the reader.

Selecting police super-recognisers.

People vary in their ability to recognise faces. These individual differences are consistent over time, heritable and associated with brain anatomy. This implies that face identity processing can be improved in applied settings by selecting high performers-'super-recognisers' (SRs)-but these selection processes are rarely available for scientific scrutiny. Here we report an 'end-to-end' selection process used to establish an SR 'unit' in a large police force. Australian police officers (n = 1600) completed 3 standardised face identification tests and we recruited 38 SRs from this cohort to complete 10 follow-up tests. As a group, SRs were 20% better than controls in lab-based tests of face memory and matching, and equalled or surpassed accuracy of forensic specialists that currently perform face identification tasks for police. Individually, SR accuracy was variable but this problem was mitigated by adopting strict selection criteria. SRs' superior abilities transferred only partially to body identity decisions where the face was not visible, and they were no better than controls at deciding which visual scene that faces had initially been encountered in. Notwithstanding these important qualifications, we conclude that super-recognisers are an effective solution to improving face identity processing in applied settings.

Internal audit under martial law

Introduction. In the conditions of martial law, the work of the internal audit system changes and is revised. Having analyzed the points of view of scientists and forensic specialists regarding the work of the internal audit service during the war, which determined the purpose of the paper. The purpose of the paper is to consider the possibilities of internal audit during martial law, its purpose, functions and tasks during this period. Results. During the writing of the paper, general logical methods of scientific research were used: observation, analysis and synthesis, theoretical generalization. It has been proved that the control function of audit during war is not as important as before war. The advisory function of the internal audit becomes the main one during the war, it will contribute to the preservation of business and the reduction of enterprise risks. It is proposed to use the work experience of internal auditors acquired during the Covid-19 pandemic. It is important to improve the efficiency of internal audit work in the company is to use a systematic approach that will contribute to the efficiency of the work of internal audit representatives. Conclusions. Martial law changed the purpose, functions and tasks of internal audit. During the war, its purpose is the continuity of the company's activities and the preservation of assets, the physical safety of personnel. The main function is consulting, analytical and predictive functions are of great importance.

An interdisciplinary forensic approach for human remains identification and missing persons investigations

AbstractThe resolution of unidentified human remains (UHR) and long‐term missing persons (LTMP) cases is paramount for administrative, legal, and humanitarian reasons. There are various forensic profiling methods for human identification; however, their utility is dependent on several factors. First, UHR can be found in different stages of decomposition, so the availability and diversity of post‐mortem (PM) information will differ. Second, the availability and totality of the LTMP's ante‐mortem (AM) information will differ. Therefore, the suitability of existing methods will be dependent on the quality and quantity of PM and/or AM data available for comparison. Visual recognition is the simplest and quickest method, but typically not practiced or possible, owing to the altered, fragmented, or skeletonized state of UHR. Primary forensic profiling methods involve the comparison of fingerprint, dental, DNA, and medical data. Secondary forensic profiling methods from anthropology, radiology, geochemistry, and anatomy disciplines can provide supplementary evidence to support comparative identification approaches. Emerging forensic molecular technologies such as genomics, microbiomics, epigenetics, and proteomics, together with individual digital footprints from personal devices, offer new investigative leads for establishing identity. However, despite the success of these individual methods, their limitations must be considered when used in isolation. Through the development of a guiding forensic examination framework, this review endorses an interdisciplinary response to unidentified and missing persons investigations, where various forensic specialists collaboratively examine UHR using a suite of contemporary forensic profiling methods to produce multiple and/or different lines of evidence to link them effectively, efficiently, comprehensively, and systematically to LTMP.This article is categorized under:Forensic Science in Action/Crime Scene Investigation &gt; Special Situations and InvestigationsForensic Biology &gt; DNA Testing in Disaster Victim and Missing Persons IdentificationForensic Medicine &gt; Medicolegal Death Investigation SystemsJurisprudence and Regulatory Oversight &gt; Interdisciplinary Collaboration

Opinions of Forensic Specialists on Working Conditions and Professional Practices in Our Country-Survey Study

Opinions of Forensic Specialists on Working Conditions and Professional Practices in Our Country-Survey Study

Comparison of the quality of clinical forensic examination of victims of physical violence conducted by clinicians and forensic examiners

IntroductionThe Istanbul Convention calls for comprehensive care for victims of violence while maintaining forensic standards. After violent crimes, court usable documentation of injuries and securing of evidence is essential to avoid disadvantages for those affected in criminal prosecution.Material and methodsThis retrospective study compares forensic relevant aspects in clinical forensic examination of victims of physical and sexual violence conducted by clinicians and forensic examiners. Forensic medical reports based on clinical documentation of individuals of all ages in the period from 2015 to 2018 (n = 132) were evaluated in comparison to a control group of examinations conducted by forensic specialists. A comparative statistical evaluation was performed.ResultsThe study revealed statistically significant differences in forensically relevant aspects. In the clinical examinations, full-body examination was performed in only 37.9%, and concealed body sites were examined in 9.8%. Photo documentation was often incomplete (62.4%), without scale (59.1%), blurred (39.7%), or poorly exposed (31.2%). Information on size, color, shape, and texture of injuries was often missing. In about every third examination, the findings were not described purely objective. A body scheme was used only in 8.3% of the clinical cases.DiscussionIn order to establish nationwide care structures and the forensic standard required in criminal proceedings, intensive involvement of forensic medicine is essential. Standardized examination materials, regular training of medical staff, and telemedical approaches can improve the care for victims of violence regarding criminal prosecution.

The Code of Ethics and Conduct for Forensic Specialists: A Framework from The Portuguese Association of Forensic Sciences

Forensic sciences aggregate a series of scientific and technological domains that aid the judiciary and judicial system. Despite the highly specialized and qualified professionals taking a role in forensic practice, this paradigmatic integration of law, science, and technology often leads them to face significant ethical challenges. Indeed, forensic sciences hold a unique position due to the social and legal implications inherent to forensic expertise. The potential interference with personal rights and freedoms requires the professional practice of the forensic specialist to be guided by alignment with scientific-technical competence under the seal of the highest ethical principles. However, the absence of a specific statutory regulation blurs the performance of the forensic professional and may harm the professional credibility but also the scientific domain as a whole. The existence of ethical pillars is essential to support professional practice, following international recommendations in this regard. Herein, we propose a framework for a code of ethics and conduct that is based on the professional particularities characterizing the forensic practice but also considers the ethical issues that are mandatory to ensure high levels of reliability and credibility of forensic specialists.