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Theory and Practice of Forensic Science

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Vol 12, No 2 (2017)
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THEORETICAL ISSUES OF FORENSIC SCIENCE

5-10 1279
Abstract
Key stages in the establishment and further development of the institution of special knowledge in Russia is analyzed, from the pre-revolutionary period to our days. The procedural status of forensic science, forensic experts and forensic specialists in the Russian criminal procedure is examined. The procedural status of experts and specialists in the Russian criminal procedure is compared to that in other countries. The author observes that in the early stages the functions of knowledgeable persons were not clearly delineated by the law, and there were no regulations on how forensic evidence analysis should be requested and conducted, but by the mid-1920s the terms «forensic science» and «forensic expert» were present in the Russian legislation. The procedure for requesting and conducting forensic examinations was defined starting in 1960; the use of special knowledge in investigative actions became the function of the specialist. The status of the specialist was further elaborated in 1966. With the adoption of the Criminal Procedure Code of the Russian Federation in 2001, the specialist's legal status was expanded, giving them the right to present their opinion and testify on the probative value of evidence, and their rights and responsibilities were refined.

TOPIC OF THE DAY

11-17 1534
Abstract

One of the key requirements of modern-day forensic practice is to enforce the principle of scientific validity of applied methods. Current practices show that the issues of scientific validity of forensic methodologies and methodological validation of their application in forensic settings lend themselves to various semantic, operational, and legal interpretations. Drawing from the special report «Forensic Science in the Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods», prepared by the U.S. President's Council of Advisors on Science and Technology and the Proceedings of the American Academy of Forensic Sciences 69th Annual Scientific Meeting, the authors examine the scope for resolving the most important methodological limitations in the forensic sciences. This includes achieving clarity of scientific standards relating to the validity and reliability of forensic methods, as well as ensuring objective evaluation of specific analytical techniques in terms of their scientific validity and reliability. Conclusions made by foreign scientists are analyzed in terms of their relevance for the future development of the Russian forensic science legislation and harmonization of forensic science collaboration within the Eurasian Economic Union.

INVESTIGATOR'S/JUDGE'S/LAWYER'S COLUMN

18-26 1129
Abstract
The article deals with the problem of providing forensic assistance in the investigation of crimes against tigers, and the work of international organizations and foreign forensic science institutions involved in tiger conservation. It provides information about the key features of tiger anatomy and the formation of tiger tracks and signs in natural habitats, as well as traces left in the event of criminal attacks on animals. Also presented is an overview of forensic trace evidence analysis, as well as forensic ballistics, zoology, veterinary, molecular genetics, and toxicology examinations conducted in order to establish circumstances relevant to the detection, investigation and prosecution of tiger poaching incidents.

METHODS AND TOOLS

27-33 1293
Abstract
The paper examines methodological problems associated with one of the types of examinations conducted by construction forensics experts. The objective of such examinations is to establish the variety, scope, and cost of construction work involved in the reconstruction of buildings and structures. Considering the courts' growing demand for this kind of investigations, on the one hand, and current inadequacy of supporting methodologies, on the other, the authors offer a detailed description and conclusive rationale for an optimal procedure for the epistemic actions designed to achieve one of the most commonly addressed forensic objectives.

FORENSIC CASEWORK

34-41 1132
Abstract
The article discusses the possibility of firearm manufacturing with the help of 3D printing technologies. It provides an overview of principles and technologies of 3D printing, and analyzes the design features of known samples of firearms made using additive printers. The analysis helps to identify potential problematic aspects of their forensic examination: the issue of classifying items of evidence as firearms; firearm identification by toolmarks on bullets and cartridge cases; evaluation of performance and serviceability; examination of individual parts and components of 3D printed firearms.
42-46 835
Abstract
The paper analyzes the state of the problem of evaluating the quality of fire retardant treatment of wood and wood based materials in the course of forensic fire investigation. It addresses the following issues: examination of fireproofing paperwork, collection of samples at the site of the incident, and methods for testing the quality of fire retardant treatment of wood.
47-52 821
Abstract
The paper examines the problem of evaluating the findings of artwork examination in terms of its scientific objectivity. Current negative trends in judicial proceedings in Russia are analyzed in connection with incorrect determination of the subject of forensic artwork analysis. Formal criteria distinguishing between different domains of social conscience are used to identify objective features that help to differentiate between pornographic materials and erotic artwork.
53-65 3076
Abstract

The category of propaganda is considered in the paper as a linguistically definable notion. It is demonstrated that being a legal term, this category is significantly influenced by the semantics of the word propaganda as a unit of the Russian literary language. Presented is an analysis of various definitions of propaganda in their historical evolution, from the earliest record of the word in Russian dictionaries to modern lexicographic definitions. Polysemy of the lexical unit “propaganda” is analyzed. Special focus is placed on differentiation of propaganda from other forms of persuasive communication, particularly from advertising, including its political variety. Analysis of the meaning and use of the word propaganda is proposed as a way to objectivize the intuitive labeling of various statements as propagandistic. Our analysis resulted in a list of key properties of propagandistic discourse to be taken into account in the investigation of suspected propaganda of extremism and terrorism, namely, the existence of: (1) a subject of propaganda; (2) an addressee of propaganda, (3) a set of relatively simple and consistent points (describing the desired state of affairs) and supporting arguments; (4) opposing evaluations of the desired situation and its negative alternatives; (5) recurrent and persistent realization of the aforementioned set of points or its fragments in the discourse, with identical of slightly modified argumentation; (6) multiple texts produced within a certain period of time (i.e. the period of a propagandistic campaign); and (7) a practical possibility for disseminating information among multiple people (addressees).

66-74 1044
Abstract

The paper describes an experiment in validation of a forensic methodology for determining the hydrogen potential (pH) and specific conductance (SC) in samples of geological and soil evidence for the purposes of forensic environmental investigation. Validation was aimed at standardizing the conditions of aqueous extract preparation, since the conditions prescribed by corresponding regulations varied significantly. Given the absence of adequate standard samples at the time of the experiment, control samples had to be selected, and reference values of pH and SC in these control samples had to be determined through average values of the overall set of measurements. The experiment consisted of 5 operators independently conducting six parallel analyses of three control samples, each operator working at a different time and using their own assay kits. Both pH and SC values were measured in two different dilutions, each after 5 minutes, 1 hour, and 24 hours of holding time. Statistical calculations of the obtained set of results yielded reference values for target parameters in three control samples for different aqueous extract preparation conditions. It was demonstrated that when the extract is diluted to 1 : 2.5 soil/water ratio, measurements are on average 1.8 times higher for SC, and 0.20 pts lower for pH, compared to 1 : 5 soil/water dilution. Since 1 : 5 is the standard dilution for aqueous extracts, 1 : 2.5 dilutions call for a corresponding adjustment. Acceptable holding time between dilution and measurement has been established to vary between 5 minutes and 1 hour. When re-validated a year later, the obtained mean values of pH and SC in three control samples of soil fit within the uncertainty interval for adopted reference values.The outcomes demonstrate the stability of control sample properties and reliability of the applied methodology.

75-81 845
Abstract
The author examines some gnoseological and procedural errors that occur in the course of forensic verification of vehicle identification numbers (VINs). Their conclusion is that expert errors associated with this type of forensic examination arise due to its methodological and organizational characteristics. With respect to the common types of errors documented by leading researchers, VIN verification demonstrates some exceptions that help to expand our understanding of this area of forensic practice.

INTERNATIONAL PERSPECTIVES IN FORENSIC SCIENCE

82-89 677
Abstract
The paper examines current trends towards the enhancement of criminalistic tactics and mechanisms of criminal and international law in the context of cooperation between European states in transnational crime detection and investigation. Both traditional and new forms (types) of providing legal assistance in criminal cases are elucidated. It is observed that at the present stage procedures for legal assistance in criminal investigations have become more streamlined and efficient, and request processing times have been reduced.
90-94 1975
Abstract
An overview of Israel's national forensic science service includes its history, current structure, system of employee recruitment and training, and organization of main operations, international collaboration and scientific research.
95-101 554
Abstract
This section presents translated abstracts of selected papers that appeared in the following periodicals: Journal of Forensic Sciences (JFS), Volume 61, Issues 5 and 6, 2016 (American Academy of Forensic Sciences), published by Wiley (USA), [available online at www.onlinelibrary.wiley.com]; Science & Justice, Volume 56, Issues 3 and 5, 2016 (Journal of the Chartered Society of Forensic Scientists), published by Elsevier Ireland Ltd [contents lists available at: www.sciencedirect.com; journal homepage: www.elsevier.com/locate/scijus]; Problems of Forensic Sciences (PFS), Volumes 103 and 104, 2015, Institute of Forensic Research in Krakow (Poland), [available online at www.forensicscience.pl].
102-111 696
Abstract
The paper examines the problem of using expert testimony and the results of search operations in adversarial courts in keeping with decisions issued by the European Court of Human Rights. It includes a summary of Strasbourg Court rulings concerning search operations and the use of their outcomes. The author lists key requirements imposed by the Strasbourg Court on expert witnesses participating in judicial inquiries.

DISCUSSIONS

112-118 842
Abstract
Environmental forensic investigations are increasingly being used to address diagnostic and situational objectives in the criminal, as well as civil, administrative, and arbitration process. Although they offer no identification solutions, the findings of such investigations can nevertheless be quite valuable. Assessment of replacement costs in cases involving damage to environmental compartments is of particular pertinence. In the long term this field of inquiry can be expanded by integrating the mechanism of ecosystem service accounting into forensic analysis. The relevance of environmental forensic services, their evolution and optimization largely depend on the accuracy of designations selected for different categories of forensic investigation. For example, it seems plausible that investigation of waste disposal facilities should be approached as a separate field of inquiry. At the same time, it makes sense to organize the training of specialists across several related forensic disciplines at once, rather than keep it limited to narrow fields of study.

CONFERENCES, SEMINARS, ROUND TABLES ON FORENSIC SCIENCE

119-126 816
Abstract
The paper presents the outcomes of the International Science & Practice Conference «East-West: Partnership in Forensic Science. Improving Forensic Services as a Factor Ensuring Ecological Security and Biodiversity Conservation» that took place in Moscow on April 18, 2017, and was hosted by the Peoples' Friendship University of Russia.

BIOGRAPHIES AND HISTORIES

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