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Theory and Practice of Forensic Science

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Vol 13, No 4 (2018)
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THEORETICAL ISSUES

6-15 1638
Abstract

The article addresses the problem of developing scientifically sound approaches and quantitative criteria for assessing reliability of expert evidence that take into account the contextual information contained in case materials and are based on likelihood ratios. The evolution of the system of views on this problem in forensic science theory in Russia and abroad is considered, and the European Network of Forensic Science Institutes Guideline for Evaluative Reporting in Forensic Science is analyzed. The Guideline was published in 2015. This manual is a practical tool for experts assessing the evidentiary value of their conclusions resulting from specific types of forensic examination. It also sets out recommendations on how to present the results of such an assessment in the format of the so-called “evaluative report”. The starting point of the comparative analysis is the problem of how the legal system and its subjects interpret the results reported by an expert witness, as well as any other forensic evidence expressed in probabilistic terms. At present the probabilistic way of describing uncertainties, originating in the natural sciences, is firmly established in criminalistics and forensic science. A clear position that has formed in the context of the Russian legislation, theory and practice of forensic expertise is to interpret probability as synonymous with assumption. In the foreign forensic science community the fate of probabilities was different. The authors emphasize the practical value of further improving the tools for assessing the reliability of examination results in the forensic sciences and related areas.

16-18 1167
Abstract

The paper summarizes the problem of classification of forensic examination methodologies and outlines its basic principles. It argues that a viable system of forensic examination methodologies cannot be informed by the discipline-based and/or method-based principles alone, and neither by that of specialization and integration of expert knowledge. It is shown that forensic examination methodologies should be classified not as systems of knowledge, but as types (systems) of activity based in particular systems of knowledge.

19-23 1313
Abstract

The paper addresses the current need to develop a special theory of the category of transportation engineering investigations, which remains underexplored to date. The author argues that the significance of these questions goes beyond the theoretical issues of their concept and classification, or definition of the subject, objects and objectives of investigation, and involves such practical aspects as the lack of adequate methodological resources to support most subcategories of examinations. The concept of transportation engineering investigations is articulated based on the general concepts of engineering and technology capturing the substance of this category of forensic examinations.

24-27 1488
Abstract

We know from experience that the language of the general theory of forensic science, like any science, is an extremely complex and diverse phenomenon. This language is characterized by specific “constructs” that arise as a result of specialized activity and can be effectively applied not only in the context of the conceptual theoretical framework of forensic science, but also by enforcement professionals in their daily practice. In order to ensure clarity, accuracy and accessibility of expressions in the language of the general theory of forensic science, to avoid polysemy of terms, vagueness and ambiguity of their content, and equivocality of expressions, special attention should be paid to the logical semantic processes in terminology inherent in this language. At the same time, questions need to be raised and addressed about the development of a general concept of terminological activity and the need to regulate and standardize both domestic and international terminology used in forensic expert practice.

28-37 1657
Abstract

The article discusses some current issues (“sore points”) of forensic linguistic expertise in Russian criminal and civil law proceedings. Forensic linguists have been increasingly invoked by Russian law enforcement authorities in recent years. Linguists, who were neophytes in legislation, have eagerly rushed to undertake forensic examinations. As a result, many mistakes in expert reports misled judges and provoked criticism. The author suggests some ways to improve the objectivity and reliability of linguistic evidence based on unification and standardization of methodological approaches to forensic linguistic education (training) in law and philology (dual specialization) and forensic linguistics practice (case study).

38-41 1657
Abstract

Recent changes in the Russian economy are accompanied by mass liquidation of unscrupulous participants in the banking sector. These processes are the result of inspections initiated by the Bank of Russia. Meanwhile a whole range of managers of commercial banks are being investigated in criminal cases related to fraud, illegal banking activities, misappropriation or embezzlement. When investigating crimes committed in the credit and banking sector, it is often necessary to apply specialized economic knowledge, including knowledge of finance, credit, and accounting for financial institutions. The article discusses various forms of using specialized forensic knowledge, i.e. audit, inspection, inventory taking and forensic lending investigation. The grounds for their implementation, their purpose and scope are explained. The information will contribute to the effective use of specialized economic knowledge and more thorough investigation of this category of criminal cases.

FORENSIC CASEWORK

42-51 1810
Abstract

The paper examines the questions of forensic examination of state, departmental and other awards and decorations, including orders, medals and honorary badges. Investigation of such items is usually organized along a comprehensive framework that draws on specialized knowledge from such diverse fields as forensic metal analysis, forensic gemology, historical and cultural analysis, toolmark analysis, and forensic commodity evaluation. Basic methodological provisions are discussed, along with the possibilities of each forensic discipline when applied to the examination of these types of evidence, and required expert qualifications.

52-59 2031
Abstract

The article deals with certain aspects of investigating criminal cases related to illegal organization and operation of games of chance. The focus is on the application of various procedural forms of using specialized knowledge in computer technology, as well as the limits of an expert’s competence in this field. The author describes the main stages in the evolution of gambling equipment as a means of committing a crime, and compares the possibilities of equipment inspection by a specialist vs. a computer forensics examination. The application of these procedural forms is analyzed in the context of the origins of the gambling industry, which makes it possible to evaluate the performance of a procedural action (inspection of evidence) depending on the type of gaming equipment used. The advantages and disadvantages of both procedural forms of using specialized knowledge are described. The author addresses the persisting issue of the boundaries of expert competence when deciding whether the evidence under investigation qualifies as gaming equipment.

60-67 838
Abstract

The article examines the relevance of creating a national repository of biological samples collected from Russian citizens. International practices in the introduction and application of proactive DNA-based human identification are analyzed. Information is provided about existing molecular genetic databanks, including one of the largest in the world – the UK National DNA Database containing over 6 million genetic profiles. Availability of reference samples for comparison helps in the identification of evidence found at the scene and thus contributes to effective crime detection. Authors point out the lack of uniform standards for human DNA marker analysis both in Russia and abroad, which significantly complicates DNA identification of biological material. Once a national databank of biological samples is established, the absence of a universally recognized DNA profiling system would be rendered irrelevant. Successful achievement of this objective relies on the use of the most effective and affordable method for collection and long-term storage of genetic material in dry form, i.e. collection paper cards (DNA cards).

68-75 870
Abstract

A year ago the Supreme Court of the Russian Federation issued its Plenum Decree No. 49 «On some issues of applying legislation regulating environmental damage remediation». The paper examines several sections of the decree, including Section 13 (on damage compensation by recovery of costs and (or) making the defendant liable for site remediation), Section 14 (on the court’s use of fees and environmental damage assessment methodologies) and Section 18 (on the possibility of making the defendant liable for environmental remediation if a remedial action plan is already in place), as well as forensic practices involved in their enforcement. The authors conclude that substantive remediation of  environmental damage requires the assessment of potential costs of remedial action by means of forensic environmental investigation and preparation of recultivation and other remedial project plans.

76-81 984
Abstract

In this paper key trends in the development of extremist and near-extremist youth subcultures are outlined, and characteristic features of criminal and near-criminal youth organizations are described. The results of an empirical study of the activity of existing harmful groups and organizations that are known to involve minors in their ranks are presented, including a description of their dissemination platforms, size and gender composition, declared and actual goals, and external manifestations. Mechanisms for the formation of extremist attitudes in minors are identified, and the special role of psycho-linguistic and forensic  psychological expertise in the investigation of extremist crimes is demonstrated. Recommendations are offered towards the implementation of effective counteraction to extremism among minors.

82-84 2703
Abstract

The methodology for criminal investigation of unlawfully obtained loans (Part 1, Part 2 of Article 176 and Article 159.1 of the Criminal Code of the Russian Federation) includes the stage of appointment and conduct of forensic economic assessment. The effectiveness of this stage depends on a number of factors: the proper choice of the type of examination by the commissioning law enforcer, their understanding of its subject matter and the tasks to be completed. The article outlines the range of tasks facing forensic lending analysts assigned to assist investigators in this category of cases. Based on expert practice, the author articulates specific questions related to compliance with lending principles, establishing a borrower’s credit rating, (mis)use of loan proceeds, outstanding debt, etc.

85-99 2590
Abstract

The article presents an overview of expert Product examinations conducted by the Russian Federal Centre of Forensic Science of the Ministry of Justice of Russian Federation over the period 2014–2018. The author considers investigations related to criminal, civil and arbitration cases and nonjudicial investigations carried out at the request of natural and legal persons. Practical recommendations are offered for practitioners dealing with evidence that qualifies for this type of forensic investigation. Casework examples cover a variety of Product groups: clothing and footwear, fabrics, vehicle spare parts and components, gems and non-precious stones, art and antiques, coins, equipment, and weapons. Algorithms are offered for typical tasks that may be completed in the course of a forensic Product investigation in order to establish the following facts: the possibility of placing an item in specified storage conditions; compliance (non-compliance) of actual storage conditions with standards and specifications; the degree of loss in quality and value of an item, taking into account its actual state or period of operation; the market value of equipment leasehold rights. The prospects for developing Product expertise in forensic institutions of the Russian Ministry of Justice are defined.

METHODS AND TOOLS

100-110 1682
Abstract

Multiple short and simple signatures have not previously been the subject of a separate study. Traditional approaches are usually insufficient for the analysis of such signatures. The author presents a methodology that will improve the effectiveness of handwriting examination of short and simple signatures, and help the court and the investigation to obtain convincing evidence to establish the material circumstances of the case. The premises and rationale, experimental data, and mathematical apparatus are described, along with the range and mode of application of the automated quantitative methodology for multi-object examination of short and simple signatures.

INTERNATIONAL PERSPECTIVES IN FORENSIC SCIENCE

111-115 851
Abstract

The article looks at the current state and development prospects of training forensic scientists in the Republic of Belarus. Presented is a system of retraining in expert specialties, organized on the basis of nationwide educational standards in accordance with a unified approach to the formation of forensic experts’ professional competencies. New fields of research are discussed, as well as the  organization of a unified system for developing, testing and implementing forensic techniques. Arguments are made in favor of distinguishing “forensic science activity” as an independent scientific specialty, since its absence obstructs the acceptance of candidate theses in this field of science. Introduction of the specialty 12.00.12 “Forensic Expert Activity” will promote the development of forensic expert research technologies and contribute to the implementation of specialized training of highly qualified scientific personnel in the Republic of Belarus. Problems with the organization of master’s degree programs are identified, and the need to create specialized dissertation councils for the specialty “forensic expert activity” with the involvement of foreign scientists is demonstrated.

116-123 1147
Abstract

The article discusses molecular genetic identification of biological traces of wild animals used in forensic casework of illegal hunting of representatives of the order Artiodactyla – moose, red deer, roe deer, wild boar, and European bison. The question of species identification as an essential stage for correct
individual identification is discussed taking into account previous scientific and forensic studies. The paper also describes the modern method of species identification consisting of cross-species locus amplification, as well as primer cross-species transfer application in forensic research. Additionally examples of wild boar vs. domestic pig and European bison vs. cattle samples differentiation as well as results of the study of genetic diversity in the European wild boar population are given.

DISCUSSIONS

124-129 945
Abstract

The article describes an expert approach to the analysis of self-rehabilitation tactics used in public communication as a means of reducing the likelihood of legal liability for publication, including social media reposts. The author considers various forms that tactics of self-rehabilitation may take, as well as their place among other tactics of legal risk avoidance. Examples of specific expert tasks demonstrate the importance of distinguishing between different types of self-rehabilitation to ensure objectivity of the expert’s conclusion.

130-134 971
Abstract

The article discusses the problems of determining the cost of developing and deploying a software product in terms of formation of its consumer characteristics. Rationale is provided for the need to develop expert approaches in response to these problems. The author demonstrates the consumer goods origin of a software product, and defines the main provisions for recognizing it as a type of consumer product. When trying to establish the consumer properties and use value of a computer program, it should be treated as a complex multi-faceted object that warrants a comprehensive approach to forensic investigation, including computer forensics and consumer goods evaluation. Five stages of creating a software product are considered: pre-design planning, software design (architecture), writing the source code, building the executable program itself, and drafting software documentation for the final product. Groups of consumer properties formed at each stage are also defined.



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ISSN 1819-2785 (Print)
ISSN 2587-7275 (Online)