Science, truth, and forensic cultures: the exceptional legal status of DNA evidence

Direct and Secondary Transfer of Touch DNA on a Credit Card: Evidence Evaluation Given Activity Level Propositions and Application of Bayesian Networks

In a judiciary setting, questions regarding the mechanisms of transfer, persistence, and recovery of DNA are increasingly more common. The forensic expert is now asked to evaluate the strength of DNA trace evidence at activity level, thus assessing if a trace, given its qualitative and quantitative features, could be the result of an alleged activity. The present study is the reproduction of a real-life casework scenario of illicit credit card use by a co-worker (POI) of its owner (O). After assessing the shedding propensity of the participants, differences in DNA traces' qualitative and quantitative characteristics, given scenarios of primary and secondary transfer of touch DNA on a credit card, a non-porous plastic support, were investigated. A case-specific Bayesian Network to aid statistical evaluation was created and discrete observations, meaning the presence/absence of POI as a major contributor in both traces from direct and secondary transfer, were used to inform the probabilities of disputed activity events. Likelihood Ratios at activity level (LRα) were calculated for each possible outcome resulting from the DNA analysis. In instances where only POI and POI plus an unknown individual are retrieved, the values obtained show moderate to low support in favour of the prosecution proposition.

The development of forensic DNA analysis: New debates on the issue of fundamental human rights

Before the advent of forensic DNA profiling, forensic techniques such as fingerprint examination and blood type comparison were used in the identification of suspects. DNA profiling has since become the gold standard of forensic science, and forensic DNA analysis techniques continue to evolve. Recent developments such as familial searching and phenotyping have raised ethical questions and concerns reflecting those expressed in the late 1980s when forensic DNA analysis was first introduced. At that time, attempts to use DNA evidence in criminal trials were met with challenges to its evidential value and admissibility. A common concern was whether the probative value of the evidence would outweigh its potentially prejudicial effect. This gave rise to a complex three-way debate, which revolved around first, the admissibility of the scientific principles in criminal courts; second, the scientific process involved in analysing DNA samples; and third, the impact that forensic DNA analysis may have on fundamental human rights. Ultimately, debates about the scientific process and the admissibility of such evidence in criminal trials overshadowed the debate about potential infringements of fundamental human rights. This resulted in a lack of critical discussion around the erosion of civil liberties through the use of scientific technologies. This paper revisits the early debates on the development of forensic DNA analysis. It draws parallels with current developments and analyses the potential for current and future human rights infringements, highlighting that the libertarian model offers a necessary counterbalance to the other arguments, due to its concern for maintaining fundamental rights.

Forensic epistemology: A need for research and pedagogy

This is the third in a series of articles reporting on forensic epistemology. Our first two research articles presented scientific results that are based in experimental design; including quantitative and qualitative responses from forensic science practitioners to scenarios and evidence. Based on a synthesis of this research there is evidence of a knowledge gap in formal reasoning for some forensic practitioners, and a limited understanding of case-specific research. Combining these results with a review of the current literature in the field of forensic reasoning, we now offer evidence of teaching and research strategies that can help increase the epistemic status (Confidence in, and justification of knowledge) of forensic science claims. This paper focuses on an integrated narrative review using hermeneutic methods of analysis to identify: (i) the epistemic state of forensic science; (ii) strategies to increase of knowledge; (iii) the need for collaboration between practitioners and academics; and, (iv) areas for future research.

Bayesian networks and dissonant items of evidence: A case study

The assessment of different items of evidence is a challenging process in forensic science, particularly when the relevant elements support different inferential directions. In this study, a model is developed to assess the joint probative value of three different analyses related to some biological material retrieved on an object of interest in a criminal case. The study shows the ability of probabilistic graphical models, say Bayesian networks, to deal with complex situations, those that one expects to face in real cases. The results obtained by the model show the importance of a conflict measure as an indication of inconsistencies in the model itself. A contamination event alleged by the defense is also introduced in the model to explain and solve the conflict. The study aims to give an insight in the application of a probabilistic model to real criminal cases.

A retrospective study of sexual offences in Zambia

Zambia has recently reported high incidences of sexual abuse against women and children. Zambian law categorises sexual offences into rape, defilement, incest and others, with defilement constituting the majority of the reported cases (>89%). Between 2010 and 2012, convictions of defilement cases were achieved in only 13% of cases reported to the police. DNA evidence has shown prominence in resolving crimes, specifically as an identification tool in sexual offences. Currently there is no empirical evidence describing the role of forensic evidence in sexual crimes in Zambia; as such a retrospective study was conducted to evaluate this between 2007 and 2014 (n = 1154). Only 14 (0.1%) of the cases had forensic samples collected in the form of a vaginal swab for semen analysis. In all cases where a suspect was identified (60%), identification was based on the witness/victim testimonies, and in no case, was forensic DNA evidence used to assist in identification or corroborate the testimonies. Overall, 28.1% of cases were taken to court and the conviction rate was 12.4%. These findings support the use of employing DNA evidence in sexual offence cases to aid the identification of suspects, which is hypothesised to increase the number of cases prosecuted in Zambia.

Rapid identification information and its influence on the perceived clues at a crime scene: An experimental study

Crime scenes can always be explained in multiple ways. Traces alone do not provide enough information to infer a whole series of events that has taken place; they only provide clues for these inferences. CSIs need additional information to be able to interpret observed traces. In the near future, a new source of information that could help to interpret a crime scene and testing hypotheses will become available with the advent of rapid identification techniques. A previous study with CSIs demonstrated that this information had an influence on the interpretation of the crime scene, yet it is still unknown what exact information was used for this interpretation and for the construction of their scenario. The present study builds on this study and gains more insight into (1) the exact investigative and forensic information that was used by CSIs to construct their scenario, (2) the inferences drawn from this information, and (3) the kind of evidence that was selected at the crime scene to (dis)prove this scenario. We asked 48 CSIs to investigate a potential murder crime scene on the computer and explicate what information they used to construct a scenario and to select traces for analysis. The results show that the introduction of rapid ID information at the start of an investigation contributes to the recognition of different clues at the crime scene, but also to different interpretations of identical information, depending on the kind of information available and the scenario one has in mind. Furthermore, not all relevant traces were recognized, showing that important information can be missed during the investigation. In this study, accurate crime scenarios where mainly build with forensic information, but we should be aware of the fact that crime scenes are always contaminated with unrelated traces and thus be cautious of the power of rapid ID at the crime scene.