Presentation Of Evidence In Court Research Articles

Families of Victims Often Reject Forensic Autopsies in Cases of Unnatural Death

Forensic autopsies are integral to determining the exact cause of someone's death. In Indonesian criminal law, specifically Articles 222 of the Criminal Code and Articles 133-134 of the Criminal Procedure Code (KUHAP), provisions regarding forensic autopsies are outlined. However, there are challenges in implementing the requirement to notify the victim's family about the autopsy, which can hinder the enforcement of law in cases of unnatural deaths. It's crucial to note that only through forensic autopsies can material truths be scientifically revealed, from the initiation of investigations to the presentation of evidence in court. Legal cases and final court decisions underscore the importance of forensic autopsies in proving cases categorized as material criminal offenses. Therefore, in cases of unnatural deaths, the execution of forensic autopsies should not necessarily depend on the victim's family consent to ensure fair legal certainty for all parties involved - the victim, perpetrator, and society. This study aims to understand the role of forensic autopsies in unnatural deaths and examine cases where the victim's family rejects the autopsy based on Article 222 of the Criminal Code in conjunction with Articles 133-134 of the Criminal Procedure Code. The research methodology combines normative and empirical approaches to analyze applicable legal norms and their application in events to achieve predefined objectives. Findings indicate that the refusal of the victim's family to consent to a forensic autopsy in unnatural deaths significantly impacts court decisions, potentially obstructing law enforcement agencies in resolving cases. Even if the family objects, law enforcement agencies must continue their duties, as forensic autopsies are vital for court evidence, typically presented as a report issued by forensic experts or doctors under police instruction. During trials, victims can still attain legal certainty and justice. Forensic autopsies should align with existing laws. It is hoped that from this research the implementation of forensic autopsies can proceed as regulated in criminal laws and regulations.

Analysis of criminal procedural principles in first instance courts in the Republic of Moldova

Within a democratic state and the rule of law a separate and very important role is played by the courts. The judiciary is the third power in the state, whose duty is to determine cases of violation of the rules of social coexistence, to resolve disputes arising between the subjects of the law, as well as other duties provided by the legislation in force. The courts are the main subject of the criminal process, because they fulfill the duties of judging and resolving criminal cases. The trial in the first instance is a stage that takes place after the criminal investigation stage and is the most important for the simple reason that it decides whether the person will be limited in certain of his rights or not. The basic purpose of this paper is the study regarding the presentation of evidence in court, focusing on the judicial analysis of the principles of the criminal process.

To trace or not to trace: A survey of how police use and perceive chemical trace evidence

There is limited information available about the impact of chemical trace evidence and it has tended to be anecdotal and mostly pertaining to court outcomes. Very little is known about the use of chemical trace evidence by police investigators or the impact that this evidence form has on criminal investigations. This survey, which was conducted in Victoria, Australia, was aimed at addressing these inadequacies by capturing information from police investigators about: (i) the purpose of using chemical trace and other forensic services; (ii) the expectation of what value forensic services would provide; (iii) the actual impact of forensic evidence in specified cases; and (iv) the general perceptions of forensic science. Police officers who were the lead investigators in a sample of criminal investigations were selected as the subjects for this survey. Each of the sample cases included chemical trace evidence and many of the cases also included other forms of forensic evidence. The police investigators indicated that they use chemical trace evidence with the expectation that it will assist decision-making in their investigations and contribute to building a case for court. Survey responses indicated that chemical trace evidence can impact on multiple stages of a case and that this form of evidence can play a part in guiding police investigators in making decisions about how their cases progress through the criminal justice system. It was found that an important aspect of the impact of chemical trace evidence can involve connections with other forensic and non-forensic evidence in the cases. The provision of preliminary results, prior to the formal written reports that are issued for use in court, enables chemical trace evidence to contribute timely support to investigations. The findings of this survey study contradict prevailing perceptions that the contribution of chemical trace evidence is limited to the presentation of evidence in court.

Dental practitioners-Are they real patrons of forensic odontology?

Forensic odontology nowadays became a developing science and is of fantastic importance to society. It's necessary that dental practitioners must have knowledge of forensics. The aim of study was to evaluate the present status of consciousness of forensics among the dental practitioners of Rohtak city and surrounding areas. Study was conducted among 100 randomly selected dentists practicing in Rohtak and the surrounding areas. Data was collected in a custom fashion by way of a questionnaire comprising 21 questions regarding knowledge of forensic dentistry. 36.5% of the dental practitioners don't have a notion that DNA analysis can be performed from tooth pulp, about 85% dental practitioners were not aware that they might testify as a professional witness at the court of law enforcement. Ninety six percent practitioners haven't managed any forensic case during their practice. The number of dentists having an instruction for the collection, preservation and presentation of dental evidence in court is even less than 1 percent. It had been concluded from the analysis that dental practitioners from the Rohtak along with other surrounding areas don't possess the adequate knowledge of forensic odontology.

DNA Profiling and the Law in South Africa

DNA evidence is currently at the forefront of the arsenal of evidence employed in criminal trials. To ensure its optimum use in criminal proceedings, it is imperative that the legal fraternity is properly conversant with the scientific basis and presentation of such evidence, as well as with its potential pitfalls. In an effort to provide the legal profession with a background to this complex and useful type of evidence, this article looks at the biochemical nature of DNA, at DNA profiling and its use in criminal trials, and at the processes of DNA collection and analysis in the Biology Unit of the Forensic Science Laboratory of the South African Police Service. The presentation of DNA evidence in court is then evaluated and the future of DNA evidence, including legislative reform, and the creation of a DNA database are discussed.

The profiling of MDMA tablets: A study of the combination of physical characteristics and organic impurities as sources of information

The profiling of MDMA tablets can be carried out using different sets of characteristics. The first type of measurements performed on MDMA tablets are physical characteristics (i.e. post-tabletting characteristics). They yield preliminary profiling data that may be valuable in a first stage for investigation purposes. However organic impurities (i.e. pre-tabletting characteristics) are generally considered to bring more reliable information, particularly for presentation of evidence in court. This work aimed therefore at evaluating the added value of combining pre-tabletting characteristics and post-tabletting characteristics of seized MDMA tablets. In approximately half of the investigated cases, the post-tabletting links were confirmed with organic impurities analyses. In the remaining cases, post-tabletting batches (post-TBs) were divided in several pre-tabletting batches (pre-TBs), thus supporting the hypothesis that several production batches of MDMA powder (pre-TBs) were used to produce one single post-TB (i.e. tablets having the same shape, diameter, thickness, weight and score; but different organic impurities composition). In view of the obtained results, the hypotheses were discussed through illustrating examples. In conclusion, both sets of characteristics were found relevant alone and combined together. They actually provide distinct information about MDMA illicit production and trafficking.

Lies, damn lies and statistics

The problems associated with the presentation of scientific evidence in court have always been challenging. Indeed, all one has to do is look back an uncomfortably few number of years for illustrations of gross misinterpretations of scientific evidence either by scientists themselves from the witness box, by the legal experts during examination or in summation of such evidence to the jury. The difficulties in presenting and communicating often complex scientific information to a lay audience are not new. Neither are the rules by which we must operate within a legal or judicial framework, after all legal systems of one form or another were in existence long before forensic science was applied to criminal or civil investigations. Yet, even with rules, laws of evidence and hard lessons of the past learned through the appeal courts, there are persistent and recurring difficulties in communication between the scientific expert and the court.

Lies, damned lies, and DNA statistics: DNA match testing Bayes' Theorem, and the criminal courts.

This study explains the correct method for the interpretation of DNA matches by using Bayesian Probability, and its various traps: the DNA fallacies. The current approach of the Court of Appeal to the use and presentation of DNA evidence is outlined. A new Bayesian Fallacy is explored. Specific focus is on Norman Fenton and Martin Neil's recent research (Fenton and Neil, 2000) which suggests a new dimension in the presentation of DNA evidence in court.

The Presentation of Scientific Evidence in Court—Great Britain

This paper, delivered at the Spring Meeting of the Forensic Science Society held at Lyon on May 11, 1973, presents a simple outline of the place of scientific evidence in the Courts of Great Britain and draws attention to the different emphasis in the use of scientific evidence necessitated by the French judicial system.