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Theory and Practice of Forensic Science

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Vol 16, No 4 (2021)
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THEORETICAL ISSUES

6-16 1083
Abstract

The article discusses various aspects of the influence of bias on the formation of conclusions of a forensic expert. The author highlights that the negative effect of bias is especially significant in identification examinations, where the conclusions are based on subjective interpretations of the results of marks comparison (toolmark, fingerprint, firearms examinations, and others). The author also notes that there is no clear border between objectivity and subjectivity in forensic examinations. All types of forensic examinations exist in an objective-subjective continuum, which causes different conclusions’ reliability. Since subjectivity is the basis for bias formation, minimizing its impact can be achieved in several ways – increasing the “transparency” of documenting the research process, technical analysis and verification of an expert’s opinion, applying quantitative criteria for evaluating the matching features in the compared marks. The most logical way to reduce the influence of bias is to eliminate the causes that give rise to this phenomenon. These are the excessive contextual information provided to the expert, the expert’s deviation from the requirements of methodological recommendations in examining the objects, and various external and internal influences.

17-25 1514
Abstract

The article provides the periodization of the development of forensic linguistics as one of the primary forms of application of specialized linguistic knowledge in legal proceedings. The author distinguishes four main stages: the 1st stage – the emergence of forensic linguistic expertise, the 2nd stage – its formation, the 3rd stage - development, and the 4th stage - improvement. Finally, at a more generalized alternative periodization (before-the-expert/philological and expert stages), the author reveals pressing issues of developing this kind of expertise and the prospects for its evolution.

26-39 1433
Abstract

The article addresses the basic methodological principles of psychological analysis of information materials applied during the forensic psychological examination of a new direction established in the system of forensic institutions of the Ministry of Justice of Russia in 2017. The foundation of the direction is the general methodology of forensic psychological examination, deeply elaborated by F.S. Safuanov. At the same time, the features of objects (information materials and communications included in social activities and human behavior that are subject to legal assessment and can be recognized as criminal) and the subject of research (forensically and legally significant features of information materials) determine the number of particular methodological principles, methods, and procedures for their application. These distinguish the study of information materials from the study of the mental activity of investigated persons (accused, victims, witnesses) during the legally significant period.
The author notes a connection of psychological research of information materials with the general methodology of forensic psychological examination. At the same time, methodological features are determined due to the interdisciplinary connections of a new kind of forensic examination with other sciences and practical expert tasks. Next, the article describes the main methodological approaches of psychological research of information materials: system-structural, activity-based, phenomenological, and hermeneutic, as well as level, communicative, qualitative, and discursive analysis.

METHODS AND TOOLS

40-48 664
Abstract

The article reviews the main physical and physicochemical factors influencing the three-component system “fingerprint powder – prints bearing surface – sweat and grease print substance”. The authors propose new model compositions of fingerprint powders considering the reviewed common patterns: non-magnetic and luminescent magnetic. The features of prints bearing surfaces and developed fingerprint powders have been evaluated by applying electronic microscopy methods (scanning and probe microscopy). The authors have proven that the use of nano- and ultra disperse materials in the developed compositions (carbon nanotubes and shungite) enables to vary the sorption and adhesive capacity of fingerprint powders, which allows detecting fingerprints on varying surfaces with high selectivity toward the sweat and grease print substance and contrasting effect.

49-56 1286
Abstract

The article addresses the problems of methodical support for establishing the statute of limitations when conducting a forensic document examination, directly affecting the admissibility of an expert’s opinion as evidence in legal proceedings. Establishing the statute of limitations for the execution of documents’ requisites is one of the most demanded tasks when considering all categories of cases – administrative, arbitration, civil, criminal. Analysis of the forensic practice of this type of examination in legal proceedings shows the application of various methods and approaches. Such variety raises questions among both the judicial and legal communities. For example, what existing methods are scientifically substantiated, tested, certified, lead to reliable results, and can be used to solve expert tasks? Which are unsuitable for the use in expert practice, and for what reasons?
To confirm the suitability of their author’s developments for forensic examination, individual non-state experts provide various patents and certificates. 
How legal and permissible is this practice?
The article offers a competent analysis of the current situation on the example of the widely used method of “wet copying”

57-63 1290
Abstract

The article reviews the main stages of the forensic commodity analysis of the objects losing in quality and cost up to 100 % to determine their market value. Based on specific examples, various situations of value determination for industrial and food products are analyzed: 1)  used hosiery; 2) dumplings with damaged packaging. The author reviews the algorithm of solving the task assigned to the expert, the course of the study. The article also indicates specific regulatory and technical documents, ensuring expert conclusions’ correctness and validity. 

FORENSIC CASEWORK

64-71 1229
Abstract

The article addresses solving the issue of the possibility of preserving reconstructed premises or carrying out proposed reconstruction works in the course of in the course of construction forensic investigation. The significance of the problem attributes to the volume of the stock of residential and public buildings which are older than 40 years (according to statistics, the housing stock of Russia in 1980 was 1,861 million m2 , in 2015 – 3,581 million m2 ), outdated layouts of premises, and the evolved consumers’ idea of comfort.
A construction expert’s task is to determine if there is a possibility to change the layout, the function of premises to improve living conditions, or reconstruction poses a threat to the state of the object, its further proper operation, the integrity of the installed engineering systems, the appearance of the facades, nearby buildings and structures. 
Using regulatory material, the authors consider the criteria for solving this problem, present the procedure for conducting studies of buildings or structures, building materials, structures, and relevant documents in this line of forensic construction examination. Finally, the article gives specific examples of the redevelopment of apartments, a proposed reconstruction of the kindergarten premises.
It is noted that the reliability of experts’ opinions is based on a comprehensive, unbiased analysis of all the technical and economic characteristics of construction objects, verification of documentation, an inspection of structures for compliance with the requirements of federal laws, rules, and regulations.

72-82 729
Abstract

The article presents complex forensic psychological and linguistic examination models developed basing on various kinds of integration of psychological and linguistic knowledge in solving typical expert tasks. Based on forensic expertise, expert practice, methodological developments in complex, as well as psychological and psychiatric examinations, the author describes the following types of studies: a sequential complex of examinations, parallel complex examination, complex sequential analysis, sequential-parallel complex study.
The author also illustrates the sequence of the use and integration of the results of applying specialized knowledge with particular examples.

83-94 518
Abstract

The article addresses the methods used by traditional forensic examinations to study objects of phaleristics (orders and medals). The author justifies the necessity of a complex study of objects of phaleristics to ensure the completeness and validity of expert conclusions. Based on the examples from expert practice, the author also demonstrates the sequence of the actions of experts from different specialties in a complex investigation.
Finally, the article provides the procedural characteristic of a comprehensive expert study.

95-101 739
Abstract

The article analyses the concept of “a forensic examination’s task” as one of the fundamental terms of forensic expertology. The author demonstrates that it is a part of a broader concept of “the subject of forensic examination”. She also reviews the classification of tasks of forensic examination.
Next, the article addresses the tasks of forensic ecological examination, which by their nature, as a rule, are diagnostic. The author presents their definition as a set of actions common to this kind of forensic analysis, formed by an expert based on the questions posed to him. These actions are implemented by converting potential evidentiary information about the negative anthropogenic impact on environmental objects contained in the case materials submitted for examination into up-to-date evidentiary information.

102-108 895
Abstract

The article is devoted to the problem of the validity of determining the wear of component parts when calculating the damage caused to a vehicle due to its deterioration. The authors address the legal line of arguments of the differentiated approach when deciding on the need to consider wear and tear. They also make suggestions on its practical reflection in forensic expert opinions. Finally, it is highlighted that when making decisions regarding wear and tear, it is essential to consider the method of compensation for damage caused and official legal information.
The authors justify the necessity to use the provisions of the methodological recommendations developed in the Federal State Budgetary Institution of the Russian Federation under the Ministry of Justice of the Russian Federation in the calculations, which will allow experts to formulate categorical and not relative or multivariate conclusions.

DISCUSSIONS

109-121 657
Abstract

Patterns similar to the papillary patterns of human fingers, palms, and soles can be found in living and inanimate nature. Studying such patterns and the structure of the ridged skin of humans and primates in comparison with similar formations on other objects is necessary for forensic science, forensic traceology, fingerprinting, and biometric identification. The article analyzes the history of the study of the ridged skin of humans, primates, and other animals by forensic scientists, zoologists, anthropologists, and representatives of other sciences.
The author proposes systemizing and classifying the information about the analogs of papillary patterns and ridged skin on such grounds as the genus and type of carrier objects, relief structure, degree of comparability with the papillary pattern of human hands and soles.
The article presents the most indicative varieties of analogs of papillary patterns in mammals, birds, fish, insects, corals, plants, and fungi. The author has studied and systemized structural features of the striped pattern of the skin of tigers and zebras, crests and stripes in corals, stripes and ridged patterns in fish. The data obtained on ridge formations, which are similar in structure and shape to the papillary patterns of human fingers and palms, will help to avoid expert errors during fingerprinting examination or erroneous placement of images of such formations in forensic databases.
Knowledge of the structural features and properties of striped patterns of skins of specially protected wild animals, as well as the crest surface of paleontological museum objects, should be used for their identification by photo and video images in cases of embezzlement, smuggling, illegal hunting, and illegal trafficking.

BIOGRAPHIES AND HISTORIES

122-129 809
Abstract

The author dedicates this article to the 60th anniversary of the Russian Federal Centre of Forensic Science of the Ministry of Justice of the Russian Federation. He observes the “academic biography” of the Centre and the prerequisites for the emergence of its forensic scholarly tradition. The article also clarifies the features of the scientific school, whereby the scientific community of scientists of the Center received the status of a scientific school and the period of its occurrence.



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