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FORENSIC SCIENCE IN NIGERIA: THE QUEST (A.K.A. TRIUMPHING BY THE TRUTH)
WRITTEN BY: VICTOR O. ADEBANJO FOREWORD BY: HON. JUSTICE M. L. ABIMBOLA, CHIEF JUDGE OF OYO STATE CONTRIBUTION BY: OLOBASHOLA FOLORUNSHO GABRIEL
Forensic Science in Nigeria: The Quest (a.k.a. Triumphing by the Truth) Copyright © 2016 Written by Victor O. Adebanjo Email:
[email protected]
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Phone no.: 08030696409 Contribution by Olobashola Folorunsho Gabriel Email:
[email protected] ISBN 978-978-953-267-4 Published by Purveyor AVOT No portion of this book may be used without the written permission of the publisher
CONTENTS Foreword…………………………………………………………………………………5 Preface …………………………………………………………………………………...6 Dedication………………………………………………………………………………..7 Acknowledgment ………………………………………………………………………..8 Summary………………………………………………………………………………….9 CHAPTER ONE 3
Introduction……………………………………………………………………………..10 Forensic Science………………………………………………………………………...10 Forensic Science and our criminal justice system………………………………………11 Some reasons for wrongful incarceration……………………………………………….11 CHAPTER TWO Relevance of the forensic science community………………………………………….13 Relevance of the forensic science community to the criminal justice system………….15 Education and research finding………………………………………………………...16 CHAPTER THREE The basic principles, practice and techniques of forensic science disciplines………….18 Forensic analysis of controlled substances……………………………………………..20 Fingerprint analysis……………………………………………………………………..21 The ACE-V process for latent print identification……………………………………..23 Other pattern/impression evidence……………………………………………………..25 Analysis of hair and fibre evidence…………………………………………………….26 Questioned document examination……………………………………………………..27 Analysis of explosives evidence and fire debris………………………………………..27 Computer forensics: Digital and multimedia analysis……………………………….....29 Forensic biology………………………………………………………………………....30 CHAPTER FOUR Forensic evidence………………………………………………………………………..33 Physical evidence challenged……………………………………………………………36 Forensics in combat zones……………………………………………………………….36 Aggravated assaults ……………………………………………………………………..39 Forensic evidence from mobile phones………………………………………………….39 Forensic air crash investigations…………………………………………………………40 The investigation ………………………………………………………………………..40 Crash location……………………………………………………………………………41 Data recorders……………………………………………………………………………41 Rape………………………………………………………………………………………42 Data breach……………………………………………………………………………….43 Examining the scene of the crime………………………………………………………...44 Arson……………………………………………………………………………………...44 CHAPTER FIVE Ballistic finger printing……………………………………………………………………46 Early history of ballistic identification…………………………………………………….46 State of ballistic fingerprinting in Nigeria………………………………………………….47 Findings ……………………………………………………………………………..53 Recommendations……………………………………………………………………53 Summary……………………………………………………………………………...54 CHAPTER SIX Conclusion………………………………………………………………………………55 The impending importance of the forensic science disciplines to homeland security….55 Research, education and training in forensic science…………………………………...55 Automated fingerprint identification system interpretability …………………………..56 Forensics and manhunt………………………………………………………………….57 4
References ………………………………………………………………………………59
FOREWARD Dear reader, Law and Forensic science are an indispensable part of our modern times, raising the standard of our judicial system. Forensic science provides scientific evidence to the court by providing
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a rock of certainty in a procellous sea of running afoul and oftentimes mendacious eyewitness evidence. Forensic science has long made an important contribution to criminal investigation. Its use by the police, however, needs to be properly managed and organized if it is to make an efficient as well as effective contribution to the detection and prevention of crime. This book expresses the importance of research, education and training of more forensic science experts in order to raise the standard of scientific and other expert evidence presented in the court.
Hon. Justice M. L. Abimbola Chief Judge of Oyo State
PREFACE The purpose of this book is to draw attention to the expedient relevance of the forensic science community in our nation Nigeria some of which include criminal investigation and prosecution, national security and national disaster planning and preparedness. The 6
pertinence of the forensic science experts, which are evidently reticulate, furnish the groundwork for the purpose of the book which is to make our society put to effective use the service of the forensic science community. Forensic science is a community that involves a lot of disciplines. This book sought to reveal some of the different fields, the pith of forensic laboratories, forensic science teachers and researchers, and law enforcement agencies who understand how forensic science evidence is collected, analysed and used in connection with criminal investigations and prosecution. I am really grateful to all those that had one form of input or the other towards the success of this book. Their work made this book of great value. The inestimable value of the forensic science community, which includes both research and practice, cannot be overemphasized, and this cannot be attained without adequate resources and sound policies to nurture its growth in Nigeria. The ultimate quest of Forensic Science is Triumphing by the Truth.
DEDICATION This book is dedicated to God almighty and to all those who have lost their lives or are incarcerated due to the miscarriage of justice, all over the world.
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ACKNOWLEDGEMENT My sincere gratitude goes to God Almighty, for His enduring mercy and grace over my life and family. Special thanks goes to Hon. M. L. Abimbola, who has been more of a father to me. I really cannot thank you enough for your immeasurable effort and guidance (mentally and 8
financially) throughout this work and my tenure as President of the Forensic Team, University of Ibadan. You made this book a reality, thank you Sir. May God continue to bless you immensely in all ramifications. Special thanks also goes to Barrister Tinubu Olukayode for his inestimable support during my tenure as the President of the Forensic Team and financial contribution to this book. Thank you sir, may God continue to favour and bless you, His grace shall never fail you over your life and family. Special thanks also goes to Olobashola Florunsho Gabriel, you are a man of valor. Thank you so much for believing in me. Your incomputable contribution to this book, and to the forensic team is spectacular. Thank you sir, I will forever be grateful. May God continue to bless you, and may his grace continue to endure over your life. I cannot but mention the Forensic Science coordinator, Prof. P.A. Oyelaran, the H.O.D of Archaeology and Anthropology, Prof. J.O. Aleru, Dr. C. A. Latunji, and the entire staff of the department of Archaeology and Anthropology, for the warm relationship I experienced during my interaction with them, God bless you all. I acknowledge all my colleagues especially Aguwa Paul Ikenna, Faniyi Samson Abimbola, Umukoro Matthew, Atanda Olusola, Akinwande Olusayo, Adekilekun Toyyib, Franklin Ogodo, Ibrahim Musa and Akinyeye Omobolanle, may your labour of love not go unrewarded. God bless you. My sincere gratitude goes to my lovely wife, Mrs. Y.A. Adebanjo, my son, Prince Alexander Iteoluwakiisi (Gbadegesin), my brother, Mr V.O. Adebanjo, and my entire family, for their care, understanding and support during the period of this work. Your worth is immeasurable and your place is irreplaceable. Finally, to everyone that has contributed positively to my stay in the University of Ibadan, I say thank you. Thank you all.
SUMMARY It is believed that by the end of studying this book, one would have been able to discover the significant role of forensic science in upholding national security under the following:
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1) The need to establish a Unified National Forensic Institute, more forensic laboratories, and also meeting the needs of already established forensic laboratories. 2) Employing the use of forensic technologies and techniques to solve crimes, investigate deaths and protect the public. 3) Put to use the forensic scientist available on ground to assist law enforcement agencies in using forensic technologies and techniques to upholding national security. 4) Support and create new programs that will increase the number of qualified forensic scientist available to work in forensic laboratories. 5) Identify the need to establish the interoperability of Automated Fingerprint Information System (AFIS).
Locard’s Exchange Principle: “Wherever he steps, whatever he touches, whatever he leaves, even unconsciously, will serve as a silent witness against him. Not only his fingerprints or his footprints, but his hair, the fibers from his clothes, the glass he breaks, the tool mark he leaves, the paint he scratches, the blood or semen he deposits or collects. All of these and more bear mute witness against him. This is evidence that does not forget. It is not confused by the excitement of the moment. It is not absent because human witnesses are. It is factual evidence. Physical evidence cannot be wrong, it cannot perjure itself, it cannot be wholly absent. Only human failure to find it, study and understand it, can diminish its value.”
CHAPTER ONE Introduction
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Broken laws definitely attract consequences. For every action of breaking the law, there is always an “equal” and opposite consequential reaction. When the law is broken, a crime is said to be committed. Crime can be committed anywhere in space and time. Crime takes various forms, and involves various aids towards committing the crime. In many cases, a weapon is used, such as a handgun, knife, or blunt object. The scene of a crime reveals the nature of the criminal activity and the identities of the person(s) involved. Criminals and victims may leave behind blood, weapons or objects used, skin cells, hair, fingerprints, footprints, tire prints, handwriting, and the residual effects and debris of arson, gunshots, and so on. Crime scene investigators, search for and collect evidence at the scene, preserve and secure it in tamper-evident packaging, label it, and send it to a forensic laboratory. In cases where a death was sudden, unexpected, or resulted from violence, a forensic pathologist will be responsible for determining whether a homicide, suicide, or accident occurred and will certify the cause and manner of death. When evidence is analyzed, basically forensic science sets out to achieve the following: (1) identification, (2) individualization, (3) association, and (4) reconstruction (of events) Evidence also is examined for the purpose of excluding individuals or sources. . Forensic Science Forensic science is the application of the principles, techniques and methods of science to the resolution of legal issues. The application of scientific knowledge and methodology to criminal and civil investigations. Forensic scientist often present expert testimony to court. The term “forensic science” covers a broad range of forensic disciplines, each with its own set of technologies and practices. The “forensic science community,” consists of a host of practitioners, comprising scientists in the fields of chemistry, biology, physics and medicine; laboratory technicians; crime scene investigators; and law enforcement officers. There are very important differences, be that as it may, between forensic laboratory work and crime scene investigations. It is only remarkable to point out that ‘all you see is not all there is’ as regards popular television shows such as Crime Scene Investigation, law and Order, criminal minds and so on. Most of the time, the instrumentation, analytical technologies and capabilities of forensic scientists and forensic evidence investigations are unrealistic within the context of the time frame spent in solving a case and the efficacy of the results produced. 11
Forensic Science and our criminal justice system Most forensic science disciplines are inextricably attached to the legal system; many forensic fields (e.g., firearms analysis, latent fingerprint identification) are but handmaidens of the legal system, and they have no significant uses beyond law enforcement. Therefore, any study of forensic science necessarily must include an assessment of the legal system that it serves. Forensic science seeks to protect the society from persons who have committed criminal acts and to protect innocent persons from being convicted of crimes that they did not commit.
Some Reasons for Wrongful Incarceration Eyewitness misidentification The nature of an incidence and the circumstances surrounding it could affect an eye witness testimony. Eyewitness testimony is a very powerful form of evidence in court, but we should not be ignorant of factors that can impact a witness’ ability to properly identify a suspect, such as biases, distorted memory over a period of time, stress and uncomfortable viewing conditions. False confessions Believe it or not, it is quite possible for people to confess to crimes they didn’t commit. One of the reasons for this is the method and techniques of interrogation employed by the police, which sometimes, at the long run, tends to convince the suspect that there’s so much evidence against him and that his case is hopeless. The desire to end the ordeal, emotional and financial exhaustion, family considerations and the eventual weariness of the mind of the suspect can result in remarkably detailed confessions that could be completely false. Sometimes people are mentally impaired, or are just ignorant of the law, thereby giving false confessions. Official misconduct Sometimes, or should I say most times, our law enforcement agencies are very unfair and overly aggressive in their practices such as failing to turn over evidence to prosecutors, coercing false confessions, or lying on the witness stand. For example, in situations where the law enforcement agent is feeding details of the crime scene to the prospective eyewitness in a ruse to help them “recollect” what they had seen, is a form of misconduct.
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Destroying evidence, withholding exculpatory evidence from the defense, and allowing unreliable witnesses or fraudulent experts to testify are all forms of Prosecutorial misconduct. All this can lead to wrongful incarceration. Compromised forensic science evidence In fairness, this has to be said. Forensic science evidence could be compromised, which could actually lead to wrongful incarceration. There are many factors that could compromise the evidence, hence, it’s the prerogative of the gatekeepers of the criminal justice system – the Honorable Judges, to thoroughly scrutinize, not just other forms of evidence, but forensic science evidences also.
CHAPTER TWO Relevance of the Forensic Science Community 13
All around the world, the successes of the forensic science community is reverberating with regards to the successful prosecution and conviction of criminals, as well as the exoneration of innocent people, the valuable contribution of forensic science cannot be over emphasized. The strength of forensic science in this aspect has been seen over the years especially with the advent of DNA fingerprinting which is of great value in positively identifying criminals. Forensic science has positively demonstrated its potential to re-open unsolved criminal cases, by solving them. Basically, a nation that embraces the good fruits that forensic science bears, is in turn improving the standards of its law enforcement agencies by improving their investigations to identify perpetrators with higher reliability. Being able to identify perpetrators reduces the possibility of wrongful convictions. The potency of the strength of national security is a resultant effect of the level of efficiency of the law enforcement agencies to keep at bay, as much as possible, the thriving of criminal activities. Nigeria is blessed with professionals in the forensic science community, who have worked for years and gained international recognition, a result of their excellence achieved in their various fields of expertise. Hence, it is only wise to put to use this goldmine of professionals to the development of our nation. I am looking forward to a time when forensic science would be a relevant cornerstone towards upholding national security in Nigeria. There is no better time than now. New insights, technologies, and increasing capabilities have caused it to grow rapidly all over the world. The role of forensic laboratories is indispensable. Forensic laboratories are able to investigate more and a greater variety of traces, and to extract more information from less material, than ever before. It is important to open a whole new frontier to criminal (and even civil) investigations in Nigeria, as advances in the study of DNA have made it possible to investigate minute traces and even provide information on the physical characteristics of the donor. Due to these developments, rapid and well-founded reconstructions of events based on trace patterns found at crime scenes are becoming achievable. As a result, the role of forensic science is advancing and I believe Nigeria has to position itself to sync with this change. Forensic science is so promising to the fact that, aside it’s supporting role, it is now a full-fledged game changer in many types of investigation, providing quick and reliable information from crime scenes and thus, improving the criminal justice system. Forensic genetics, computer forensics, and forensic chemistry are probably the most employed areas in criminal investigation because of the nature of crimes committed in this 14
present age. They address new classes of trace evidence, classes that previously may not have been collected and analyzed. Today, we live in a digital world and it is almost impossible to prevent leaving digital traces, in cell phones, on computers, on the Internet, in digital surveillance cameras, in an ATM and so on. A symbiotic relationship has been established with both the physical and the digital world we live in. Everybody one way or the other consciously or unconsciously, has to interact with the digital world. For every form of interaction, a trace is inevitable. This gives forensic science experts ample possibilities to be able to retrieve relevant data from all available digital sources and to analyze these intelligently. The whole world is awakening to the use of forensic science due to the advent of new technologies. The primary objective of this book is to catch the attention of existing and potential end-users, the press and the public as a whole to the extent of forensic capabilities. With the present situation of our country, forensic investigation should be assuming a more central and high-profile role, and it is with no doubt that it is an essential tool for law enforcement, homeland defense, and others entrusted with maintaining justice, social order and security. I see a Nigeria where court cases would depend on DNA evidence and a Nigeria where security and terrorism threats are being prevented on the basis of digital traces. With the advent of advanced technologies, new research frontiers and the establishment of a functioning unified forensic databases (DNA, fingerprints, firearms, etc.) forensic science will become an invaluable tool in criminal investigations and intelligence, even before a suspect has been identified. The use of forensic databases will afford investigators the ability to compare questioned traces collected from crime scenes or victims with large database pools of known perpetrators, frequently leading to the identification of suspects who would have otherwise remained unknown. The police are always under great pressure to apprehend criminals while at the same time ruling out innocent civilians as suspects. Forensics can help them meet that need by providing reliable information through technical means without having to harass innocent citizens. We have to be aware of what advanced forensics has to offer which will lead us to the question of how willing we are to establishing and maintaining functioning forensic laboratories. The Nigeria Police Force is an important security outfit of the government essentially charged with the internal security of the nation. The country's police image has been under constant and severe negative criticisms by the press and the public, and this is not unconnected with the fact that, the police force is alleged to be corrupt, undisciplined and 15
also unjustifiably seen as not being up to the task of carrying out its duties equitably. All these have posed and still posing serious security threat and loss of confidence in the NPF by the citizens. There could be a great turn-around when the NPF employs the use of forensic science in more of its investigations. Everybody, in one way or the other, regardless of his or her social status, employs the productive use of science in their everyday activity. Not only employs the use of science, they are also confident in its result. A common example is the use of generators to generate electrical power, a large number of people might not understand the science behind the generators ability to generate electrical power, but they have a significant confidence in its use, knowing that it works and produces the desired results. I believe that an increase in application of forensic science in our investigations by the NPF and other security agencies, will definitely establish confidence in this security agencies and their activities.
Relevance of the Forensic Science Community to the Criminal Justice System. The primary objective of the forensic scientist as an expert witness is to provide the court with scientific evidence strong with validity. In Nigeria, the criminal justice system relies mainly on the account of eye witness testimonies. The big question now is how reliable is the testimony of eye witnesses (whether it is a conscious or unconscious effort on the part of the eye witness to be truthful), how effectively does the justice system detect or safeguard itself from deliberate perjury and the perils that come along with a compromised eye witness. This challenge is surmounted by a competent Forensic Linguistic scientist (as well as other fields of forensic science, depending on the nature of the case) who can validate the extent of truthfulness in the account of the eye witnesses’ testimony. The goal of the criminal justice system is to achieve a fair trial, how and by what means this is achieved, and whatever could fortify the course of achieving a fair trial, should be given serious consideration. The criminal justice system employing an adversarial approach, as pointed out by some experts, that the prosecution and defence counsel seems to be in an unhealthy repugn which sometimes seems to be based on the reputation of the legal counsel instead of concentrating on the facts and findings of the case. With the application of forensic science, the prosecution and defence attorneys’ would fortify the claim of their clients with evidence presented by forensic science expert witnesses, the judiciary would also be confident in its role in ensuring a fair trial. And in all, the society 16
would be more confident in the proceedings of the criminal justice system, with the conviction that the system is more fortified with the application of forensic science in safeguarding against the miscarriage of justice, ensuring that innocent individuals are not convicted of crimes they did not commit, the perpetrators of crimes are convicted, and in situations where the victims of a crime are dead, forensic science is able to provide viable evidence that would convict the perpetrators and justice is duly served. Forensic science is not restricted to the criminal justice system and law enforcement but in fact, a wide range of governmental organizations—involved in everything from defense and intelligence to administrative law and regulatory oversight—can and should use forensics in their investigations. There is a need to establish more forensic laboratories. It’s no news that the criminal justice system on some occasion or the other employ the use of forensics, and it is also known that many of these organizations have their own specialized forensic units and even their own databases. These pockets of databases in the different organizations are somewhat disconnected from the wider forensic community. This has increased the fragmentation of the forensics sector as a whole, hence the need of for a unified system housed by a National Forensic Institute. The heightened awareness of forensic science that is being clamored for, together with the recognition of its value, means that forensic science service users would not only make greater use of it, but also place greater reliance on it. I am seeing a tomorrow where forensics would move from occupying a supporting—almost behind-the-scenes—role to become a key protagonist in this nation.
Education and Research Funding Whether we like it or not, forensic investigations would become critically important to our national security. From a general perspective, forensic science and technology could be difficult to understand for the layman. Obviously, a suspect’s confession is much easier to understand than, for example, the evidential value of a complex chemical analysis to which the latter may provide a much higher evidential value. It is quite relevant to point out that using forensic investigation correctly, in a non-biased way, and interpreting results as intended, is not as easy as it may seem. Hence the gross need for research funding, training and education. Knowing that forensic science encompasses various scientific fields of study, there is a need for more research in the various fields. 17
Forensic science is clearly at its infancy stage in its development in this nation, it needs to be nutured. Believe me or not, forensic science has great potential, but it will certainly find itself challenged to live up to the high expectations that its clients and the society have of it. It is equally certain that it can only succeed if you and I takes up the challenge and make fundamental changes where necessary.
CHAPTER THREE
The Basic Principles, Practice and Techniques of Forensic Science Disciplines
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As earlier mentioned, forensic science is made up of numerous disciplines, such as forensic genetics, computer forensics, and so on, and this chapter hopes to discuss briefly some of those disciplines. Below is a list of some of the fields of forensic science (adapted from Wikipedia): Criminalistics is the application of various sciences to answer questions relating to examination and comparison of biological evidence, trace evidence, impression evidence (such as fingerprints, footwear impressions, and tire tracks), controlled substances, ballistics, firearm and toolmark examination, and other evidence in criminal investigations. In typical circumstances evidence is processed in a Crime lab. Digital forensics is the application of proven scientific methods and techniques in order to recover data from electronic / digital media. Digital Forensic specialists work in the field as well as in the lab. Forensic accounting is the study and interpretation of accounting evidence. Forensic anthropology is the application of physical anthropology in a legal setting, usually for the recovery and identification of skeletonized human remains. Forensic archaeology is the application of a combination of archaeological techniques and forensic science, typically in law enforcement. Forensic botany is the study of plant life in order to gain information regarding possible crimes. Forensic chemistry is the study of detection and identification of illicit drugs, accelerants used in arson cases, explosive and gunshot residue. Forensic dactyloscopy is the study of fingerprints. Forensic document examination or questioned document examination answers questions about a disputed document using a variety of scientific processes and methods. Many examinations involve a comparison of the questioned document, or components of the document, with a set of known standards. The most common type of examination involves handwriting, whereby the examiner tries to address concerns about potential authorship.
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Forensic DNA analysis takes advantage of the uniqueness of an individual's DNA to answer forensic questions such as paternity/maternity testing and placing a suspect at a crime scene, e.g. in a rape investigation. Forensic engineering is the scientific examination and analysis of structures and products relating to their failure or cause of damage. Forensic entomology deals with the examination of insects in, on and around human remains to assist in determination of time or location of death. It is also possible to determine if the body was moved after death using entomology. Forensic intelligence process starts with the collection of data and ends with the integration of results within into the analysis of crimes under investigation. Forensic Interviews are conducted using the science of professionally using expertise to conduct a variety of investigative interviews with victims, witnesses, suspects or other sources to determine the facts regarding suspicions, allegations or specific incidents in either public or private sector settings. Forensic linguistics deals with issues in the legal system that requires linguistic expertise. Forensic odontology is the study of the uniqueness of dentition, better known as the study of teeth. Forensic pathology is a field in which the principles of medicine and pathology are applied to determine a cause of death or injury in the context of a legal inquiry. Forensic podiatry is an application of the study of feet footprint or footwear and their traces to analyze scene of crime and to establish personal identity in forensic examinations. Forensic psychiatry is a specialized branch of psychiatry as applied to and based on scientific criminology. Forensic psychology is the study of the mind of an individual, using forensic methods. Usually it determines the circumstances behind a criminal's behavior. Forensic serology is the study of the body fluid. 20
Forensic toxicology is the study of the effect of drugs and poisons on/in the human body. Mobile device forensics is the scientific examination and evaluation of evidence found in mobile phones, e.g. Call History and Deleted SMS, and includes SIM Card Forensics. Trace evidence analysis is the analysis and comparison of trace evidence including glass, paint, fibres and hair. Blood Spatter Analysis is the scientific examination of blood spatter patterns found at a crime scene to reconstruct the events of the crime. Forensic Analysis of Controlled Substances Drug tests are one of the major tasks of most forensics laboratories. The vast majority of forensic drug testing focuses on recreational drugs rather than pharmaceutical drugs, although, of course, many pharmaceutical drugs are misused for recreational purposes. Recreational drugs include those such as cocaine, methamphetamine, and heroin which have few or no legitimate medical uses as well as drugs such as oxycodone, hydrocodone, numerous opiates, and various steroids, which have legitimate medical uses but are often diverted for recreational use. Finally, recreational drugs include those sometimes referred to as “designer drugs,” street drugs that are manufactured exclusively in underground laboratories and have never been manufactured by legitimate pharmaceutical companies. Forensic analysis of drugs addresses a number of issues that are required by police investigating a case and prosecutors preparing cases for court. This includes the identity of the drug, the total amount of material seized, and the quantity of the specific controlled substance. In some cases, how the drugs were produced may also be relevant. The identity and the total amount of the drug is important, as the amount can determine the difference between using the drug as opposed to dealing it. The quantity of the actual controlled substance is important, because in most cases, street drugs are diluted with cutting agents. The production method can also be relevant in cases, and can be a means of linking a seizure to an individual illicit laboratory. The first step towards analyzing an unknown drug is noting the physical description of the drug, as this can assist in the identification. For example, if you are presented with a white powder, you can automatically start excluding various drugs, since they are not produced in a powder form. A good example is cannabis. It is also important to note the packaging, the formulation, the colour, and any odours. 21
Packaging formulation-- for example, a tablet and colour-- can be used as a way to tie drug samples from different cases together. That is, the same manufacturer, importer, or dealer. If the drug has an odour, it may provide you with an idea into which method was used to produce the drug. Once the physical description has been documented, sampling occurs. As this process relates to bulk samples, the sampling must be representative of the amount of drug retrieved. For example, only testing one bag of powder if 100 are retrieved is not a representative sample. About10 bags would be more appropriate. The next step in the analysis is to perform presumptive colour tests. These are very quick, cheap, and easy to use tests which can determine which class of drug is present. For example, they can determine that the drug is an amphetamine. But it cannot tell you which type of amphetamine it is, such as methamphetamine, or amphetamine sulphate. In forensic science, it is important to corroborate any test by another independent test. This acts as a double check. This is called confirmatory testing, and this occurs in the instrumental analysis stage of the analysis process. Controlled substances typically are seized by police officers, narcotics agents, and detectives through undercover buys, raids on drug houses and clandestine drug laboratories, and seizures on the streets.
Fingerprint Analysis Someone who knows nothing else about forensics or the investigation of crime, knows something about fingerprints. The individuality of fingerprints had been generally accepted as founded by forensic scientists and courts by the early 20th century, and the billions of fingerprint specimens taken since then have confirmed fingerprints as unparalleled individual characteristics. A fingerprint is a replication of the pattern of friction ridge formations of the surface of a finger, made as the result of the transfer of oil or other matter during contact between the finger and an object. Friction ridges are the ridges on the skin of the fingers, palms, and feet, which produce increased friction for gripping. Friction ridges form prior to birth in patterns that are attributed to a combination of genetic and environmental causes. Reckoning with the enhancing source of impression, fingerprints could be regarded as: Latent, Patent or Plastic prints, although the word latent means hidden or invisible, in modern usage for forensic science the term latent prints means any chance or accidental impression left by friction ridge skin on a surface, irrespective of whether it is visible or invisible at the 22
time of deposition. Electronic, chemical and physical processing techniques permit visualization of invisible latent print residue whether they are from natural secretions of the eccrine glands present on friction ridge skin – which produce palmar sweat, sebum, and various kinds of lipids, or whether the impression is in a contaminant such as motor oil, blood, paint, ink, etc. Latent prints may display only a small portion of the surface of the finger and may be smudged, distorted, or both, depending on how they were deposited. For these reasons, latent prints are an inevitable source of error in making comparisons as they generally contain less pellucidity, less content, and less undistorted information than a fingerprint taken under controlled conditions, and much less details compared to the actual patterns of ridges and grooves of a finger. Patent prints - these are friction ridge impressions of unknown origin which are obvious to the human eye and are caused by a transfer of foreign material on the finger, onto a surface. Because they are already visible they need no enhancement, and are generally photographed instead of being lifted in the same manner as latent prints. Finger deposits can include materials such as ink, dirt, or blood onto a surface. Plastic prints - a plastic print is a friction ridge impression from a finger, palm, toe or foot deposited in a material that retains the shape of the ridge details. Commonly encountered examples are melted candle wax, putty removed from the perimeter of window panes and thick grease deposits on car parts. Such prints are already visible and need no enhancement. Known or Exemplar Prints The identification of a latent fingerprint is founded based on the agreement of friction ridge formations between the latent print and the known print of a particular candidate. "Known" or "exemplar" fingerprints are friction ridge impressions known to be those of a particular person, taken under controlled circumstances, such as during an arrest.
The ACE-V Process for Latent Print Identification The FBI Laboratory and many other crime laboratories utilize the "ACEV" method for examining latent fingerprints. ACE-V is an acronym for the four steps of the method: Analysis, Comparison, Evaluation, and Verification. The individual steps of the ACE-V process are described below. I. Analysis 23
The SWGFAST Methodology defines "Analysis" as "the assessment of a friction ridge impression to determine suitability for comparison," and lists various factors to be considered in the analysis stage, including the quality (pellucidity) of detail at all three levels and the various factors that may affect the appearance and reliability of details reproduced in a latent print (e.g., substrate, matrix, deposition, development method). II.
Comparison
The SWGFAST Methodology defines the "Comparison" phase of ACE-V as "the direct sideby-side observation of friction ridge detail to determine whether the detail in two impressions is in agreement based on similarity, sequence, and spatial relationship." The examiner often uses Level 1 detail to place the latent and exemplar prints in the same orientation in order to facilitate a comparison. Differences in ridge flow, such as a "whorl" pattern in the latent versus an arch pattern in the exemplar, may enable the examiner to exclude the exemplar even without a comparison of Level 2 or Level 3 detail. III.
Evaluation
Section 3.3 of the SWGFAST Methodology defines the "Evaluation" phase of the ACE-V process as "the formulation of a conclusion based upon analysis and comparison of friction ridge impressions." There are three possible conclusions that an examiner may reach under the Examination SOPs and the SWAGFAST Methodology: Individualisation (Identification), Exclusion, and Inconclusive. Individualization (identification) Individualization is a determination that two friction ridge impressions (e.g., the latent print and the exemplars) "originated from the same source, to the exclusion of all others." The SWGFAST Methodology states that the individualization is the result when the compared impressions contain "sufficient quality (clarity) and quantity of friction ridge detail in agreement." The SWGFAST Standards for Conclusions state: "The standard for individualization is agreement of sufficient friction ridge details in sequence." Exclusion The second permissible conclusion under the Examination SOPs is "exclusion," which is defined in the SWGFAST Methodology as a determination that "two friction ridge impressions originated from different sources, "The SWGFAST Standards define the standard for exclusion as "disagreement of friction ridge details." Unlike individualization,
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exclusion may be declared in some circumstances merely on the basis of Level 1 detail, such as when the exemplar is clearly a whorl pattern and the latent is clearly an arch pattern. Inconclusive The third permissible conclusion in latent print examination under the SWGFAST Standards is "inconclusive," defined as a determination that the latent examiner is "unable to individualize or exclude the source of an impression." Verification The Examination SOPs and the SWGFAST Methodology require that all identifications be verified. "Verification" is defined simply as "the independent examination by another qualified examiner resulting in the same conclusion."
Development of Fingerprints Fingerprints found at crime scenes or developed in the laboratory are categorized by some examiners as patent, latent, or plastic impressions, although all three types are routinely associated with the term latent print. Fingerprint development is the process by which hidden fingerprints can be established, visualized, and examined. Deposition Factors Deposition factors that determine the quality, or even the presence, of latent prints include the conditions surrounding the contact between friction skin and those objects that are touched. Surface Types Rightly determining the type of surface anticipated to bear a fingerprint is a crucial step toward successful development. Generally, there are two types of surfaces: porous and nonporous. This separation is required to select the proper technique or reagent and the appropriate sequential order for processing. Porous substrates are generally absorbent and include materials like paper, cardboard, wood, and other kinds of cellulose. Fingerprints deposited onto these media absorb into the substrate which could be retained within a particular time frame. Amino acid techniques are particularly useful here because the amino acids tend to remain stationary when absorbed and do not migrate. Nonporous surfaces do not absorb. These surfaces repel moisture and often appear polished. They include glass, metal, plastics, decorated or painted wood, and rubber. Latent prints on 25
these substrates are more vulnerable to damage because the fingerprint residue lodged on the outermost surface. Cyanoacrylate (CA), dye stains, powders, and vacuum metal deposition are usually the best choices to use on these surfaces. A type of substrate that does not easily fit into the first two categories but should be mentioned is considered semiporous. Semiporous surfaces are characterized by their nature to both resist and absorb fingerprint residue. Fingerprint residue on these surfaces may or may not soak in because of the absorbent properties of the substrate and the variable viscous properties of the fingerprint residue. These surfaces include glossy cardboard, glossy magazine covers, some finished wood, and some cellophane. Semiporous surfaces should be treated with processes intended for both nonporous and porous surfaces.
Other Pattern/Impression Evidence Impression analysis makes up a crucial part of the workload of any forensic laboratory. Any time an object is pressed into contact with another object, an impression may result. For example, the tread of a shoe may be impressed into, mud, soft dirt, or a carpet. A hit-and-run driver’s vehicle bumper may leave characteristic impressions in an object he strikes, or even on the body of his victim. A burglar’s crowbar may leave characteristic impressions on a door frame or striker plate, and the pliers used by a terrorist bomb maker to cut wires may leave characteristic impressions on the wire. Impressions are useful mainly to the extent that they are secernatable, primarily, but not exclusively. Consider a shoe imprint found at a crime scene. The amount of information that can be gained from that shoe imprint depends on the quality of the imprint and the condition of the shoe that made it. If, for example, the shoe that made the imprint was comparatively new and the lineament of the imprint low, it may be that the most that can be determined is the size, manufacturer, and model of the shoe (and in this case, it is only possible if relevant data of such information is in existence and retrievable). However, a good impression made by a well-worn shoe may be secernatable because it contains characteristic wear patterns, cracks, and other individual elements. Individual characteristics may arise from manufacturing differences or from subsequent wear during use, or both. For example, every rifle and pistol leaves impressions on every bullet it fires, as well as every cartridge case. The comparatively soft bullet is pressed into tight tangency with the rifling present in the barrel, leaving an impression of the rifling marks on the bullet itself.
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General rifling features are class evidence that allow a bullet to be placed in a class with other bullets that have similar general rifling features. The tooling used to cut the rifling into the barrels differs slightly from one set to the next, and the individual tooling wears each time it is used to cut rifling in another barrel. As a result, no barrel is exactly like any other. The same is true for impressions made on cartridge cases by firing pins, extractors, ejectors, and the chamber itself. Cartridge cases and primers are typically made from brass, aluminum, or other soft metals that are ideal for receiving impressions from the hardened steel components of the firearm. All of these impressions can be individualized, and, specific in combination, they can be used to match a finical fired cartridge case to the specific weapon that fired it. Hand tools have similar microscopic individual features. For example, the hardened steel cutting edge of a wire cutter has microscopic nicks that are impressed into the relatively soft metal of a wire as striations each time a wire is cut. The working edges of screwdrivers, chisels, crowbars, bolt cutters, scissors, and similar tools have similar individualizable microscopic variations, all of which may be matched against the impressions they leave.
Analysis of Hair and Fibre Evidence Hairs and fibers are the most common forms of trace evidence processed by forensic laboratories. In nearly all violent crimes, hairs and fibers are transferred from the criminal to the victim or the crime scene, and vice versa. Hairs and fibers are easily moved from people to people, people to objects, and vice versa, and they often adhere doggedly to the new environment. Hairs and fibers do not degrade quickly, which mean that known specimens collected long after the fact can be compared successfully against questioned specimens collected weeks, months, or years before at a crime scene. Hairs and fibers are both ubiquitous and easily overlooked, so it’s nearly impossible for a criminal to remove all of them from the crime scene, even if he is sufficiently well-informed to recognize their potential evidentiary value. Because of their ubiquity and the diversity of their individual characteristics, hairs and fibers are an excellent form of class evidence. Hair may sometimes be individualized by DNA analysis, but even if a specimen cannot be individualized, it may be possible to categorize it quite specifically on the basis of its many class characteristics. Such evidence, although not conclusive, may be quite useful to determine guilt or innocence.
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Although professional forensic laboratories often use instrumental analysis techniques to establish matches conclusively, wet chemistry tests and microscopy remain important techniques for hair and fiber analysis, both for initial screening and for establishing matches that will be used in court testimony.
Questioned Document Examination Forensics laboratories are often required to probe documents to determine if they have been altered or forged. An altered document is quite different from a forged document. An altered document is an original, valid document that has been changed in some way. For example, one common type of altered document is a check in which the numbers have been changed to increase the amount drawn. A forged document is one that is created from scratch to masquerade as a valid document, or a valid document to which a page or pages has been added to alter the meaning or intent of the original document. For example, a later copy of a will may be forged, or a page or pages added to a legitimate will to alter its terms. Forensic document examiners use several methods to determine the validity of a questioned document. The first step is always to examine the document with the naked eye and nether low magnification. A surprisingly large percentage of forgeries are so artlessly done that the forgery is obvious even on perfunctory examination. If the document passes this first “sniff test,” forensic document examiners have many other tools available. Questioned document examination involves the comparison and analysis of documents and printing and writing devices in order to identify or eliminate persons as the author of the handwriting; to reveal alterations, additions, or deletions; or to identify or eliminate the source of typewriting or other impression marks. Questions about documents come up in business, finance, and civil and criminal trials, and in any matter affected by the integrity of written communications and records. Forensic document examination does not involve a study of handwriting that aims to create a personality profile or otherwise analyze or judge the writer’s personality or character.
Analysis of Explosives Evidence and Fire Debris Explosives evidence deals with a wide range of substances from unburned, unconsumed powders, liquids, and suspensions, to pieces of an explosive device, to objects in the proximate vicinage of an explosion thought to contain residue from the explosive. A typical analytical approach would be to identify the components and construction of an explosive device and conduct an analysis of any unconsumed explosives and residues. In addition to the 28
analysis and identification of low and high explosives, chemical reaction bottle bombs are also analyzed. The scene of an explosion can require special investigative attention. What may appear to be a small piece of scrap metal could in fact be a crucial fragment of the device that caused the explosion. The very nature of an explosion has a direct impact on the quality of evidence recovered. Wholesome devices or device fragments, or appreciable amounts of unconsumed explosive material, should not be expected. The main goal of an explosives examination is the identification of the explosive material used, whether it is through the analysis of an intact material or of the residue left behind when the material explodes. Intact material lends itself to being more easily identified. The individual components of postblast residue may often be identified (e.g., potassium chloride and potassium sulfate). The training and experience of examiners allows them to deduce what types of explosive material were originally present from possible combinations of explosive materials. Whether it is a low explosive or high explosive, the analysis of an intact explosive material follows a procedure that begins with a macroscopic and microscopic examination of the material, followed by a burn test, when appropriate. The results of the initial observations will dictate how the rest of the analysis will proceed. Typically it will involve the use of instrumentation that provides both elemental and structural information about the material, such as X-ray diffraction, scanning electron microscope-energy dispersive X-ray analysis, or infrared spectroscopy. The examination of fire debris not associated with explosions often aims to determine whether an accelerant was used. To assess the effects of an accelerant, one might design an experiment, under a range of conditions (e.g., wind speed, temperature, presence/absence of other chemicals) with two groups: one in which materials are burned in the presence of an accelerant (“treatment”) and one with no accelerant (“control”). The measured outcomes on the burned materials might be measures that characterize the damage patterns (e.g., depth of char, size of bubbles on surfaces). Variations in the ranges of these measurements from the materials in the two groups (treatment versus control) suggest a hypothesis about the effects of an accelerant. Following this exploration, one would design validation studies to confirm that these measures do indeed characterize the differences in materials treated or untreated with an accelerant. Computer Forensics: Digital and Multimedia Analysis The analysis of digital evidence involves gathering, processing, and interpreting digital evidence, such as electronic documents, lists of phone numbers and call logs, records of a 29
device’s location at a given time, emails, and more. Aside from desktop and laptop computers, digital devices that store data of possible value in criminal investigations include cell phones, GPS devices, digital cameras, personal digital assistants, large servers and storage devices, video game consoles, and portable media players. The storage media associated with these devices currently fall into three broad categories. The first, magnetic memory, includes hard drives, floppy discs, and tapes, most of which are tending to be obsolete in use. The second, optical memory, includes compact discs (CDs), and digital versatile discs (DVDs). The third, electrical storage, includes USB flash drives, some memory cards, and some microchips. These items are the most commonly encountered in criminal and counterintelligence matters. The proliferation of computers and related devices over the past 30 years has led to significant changes in and the expansion of the types of criminal activities that generate digital evidence. Initially, computers were either the weapon or the object of the crime. In the early days, most computer crime involved manipulating computer programs of large businesses in order to steal money or other resources. As computers became more popular, they became storage containers for evidence. Digital media have become witnesses to daily activities. Many individuals have two cell phones with text messaging and/or e-mail capability, several computers, a GPS in the car, and more; even children often possess some subset of these items. Most communication involves some kind of computer, and by the end of each day, hundreds of megabytes of data may have been generated about where individuals have been, how fast they got there, to whom they spoke, and even what was said. Finally, computer systems have become the victims of unauthorized control or intrusions. These intrusions often result in the manipulation of files and the exfiltration of sensitive information. In addition, computers in innovative automobiles that track speed, breaking, and turning are valuable in accident reconstruction. As a result, almost every crime could have digital evidence associated with it. The best practices for the gathering of digital evidence most often call for the person at the scene to disconnect the power cord for the computer and related peripheral equipments (e.g., monitor, printer) and seize these items, as well as any loose storage media such as thumb drives and CDs. This method works well in most cases. However, some are volatile and are stored in the electronic chips of the system. In these conditions, this data is lost when the device is turned off. In intrusion investigations or in cases in which encryption software is being used, this volatile data could be the key to a successful analysis and prosecution. Recognizing potential sources of digital evidence is also 30
an ongoing repugn. Investigators are likely to seize a desktop computer but walk past a PlayStation. Thumb drives can be fashioned to look like a pocket knife, writing pen, or even a piece of sushi. Cell phones and wireless Internet capability present another challenge: If these devices are turned on while in law enforcement custody, they could be remotely accessed and altered by a suspect.
Forensic Biology This basically involves any form of evidence that is of biological origin. Any form of biological specimen one can think of is viable biological evidence. Some examples of biological evidence retrievable from a crime scene are saliva, blood, semen, vaginal secretions, hair, bones, epithelial cells and so on. Just as any other form of evidence collected at a crime scene, biological evidence is located, recorded, collected, preserved, and recovered for subsequent analysis in the crime laboratory as a part towards reconstructing the crime scene. In collecting biological evidence from a crime scene, the forensic investigator must first be able to locate the evidence, and locating the evidence cannot be achieved if it is not visible to the investigator, but it does not end at visualizing it, he must be able to decipher what he can see. For example, blood is not always red, some red substances are not blood, and most biological evidence, such as saliva or semen, is not readily visible. Locating biological evidence is achieved through a series of tests that screen for the presence of a particular biological fluid (e.g., blood, semen, saliva), and investigators have a choice of techniques. The aim of testing biological evidence in the laboratory is to identify what a substance is and then from whom it came. The succession begins with a forensic biologist locating the substance on the evidence. This is followed by a presumptive test that would give more information about the substance. Once the material (e.g., blood, semen, or saliva) is known, an immunological test or a human DNA test is run to determine whether the sample comes from a human or an animal. The final step in the analytical sequence procedure is to identify the source of the biological material. If a sufficient sample is present and is probative, the forensic biologist prepares the material for DNA testing. Now, quick question. If your DNA is found on a weapon or at a crime scene, does that make you guilty? 31
A judge or jury might think so, but a new study from the University of Indianapolis shows that secondary transfer of human DNA through intermediary contact is far more common than previously thought, a finding that could have serious repercussions for medical science and the criminal justice system. Increasingly important to criminal investigations, DNA analysis once required substantial samples of blood or other bodily fluids, but advances in the field now make it possible to produce a complete genetic profile of a suspect from just a few cells left behind – so-called "touch DNA." The emerging concern, long considered a theoretical risk but only now systematically confirmed by the University of Indianapolis study, is that the presence of those cells does not prove that the person actually visited the scene or directly touched the object in question. The DNA easily could have been transferred by other means. The experiment designed by Cale and Earll asked pairs of volunteers to shake hands for two minutes, after which they handled knives that were later swabbed for DNA samples. In 85 percent of the cases, DNA from the person who did not directly touch the knife was transferred in sufficient quantity to produce a profile. In one-fifth of the samples, that person was identified as the main or only contributor of DNA to the potential weapon, despite never having touched it. "Most of the articles I've read about secondary DNA transfer say there's not really going to be any impact on the end result," Cale said. "Getting a single-source profile is going to be very hard to dispute in court, but as you can see, that single-source profile could come from a person who hadn't even touched the knife. The person who handled the knife wasn't even detected on the knife. And there were other instances where there was a mixture, but the person who didn't touch it, they were the majority." Therefore, not only can secondary DNA transfer falsely link someone to a crime, but it also can weaken the impact of potential evidence that could have been used to identify the guilty party. The concern is not just theoretical. In a 2013 California case, a man was arrested and held for months on a murder charge after his DNA was found on a homicide victim. The charges were dropped after it was determined that the DNA probably was transferred to the victim by paramedics who had come into contact with each of them on separate emergency runs. Such possibilities, however, often are not raised in court proceedings. Instead, the jury hears only that the DNA sample has a high mathematical probability of coming from the person in question, implying that the suspect must have been present. 32
"With a full profile, you see stats like one in a quadrillion, so when you present that in court, that's even harder to dispute," Cale said. "DNA never lies, right? But sometimes the only evidence they have in a case is DNA, and this emphasizes that we need to interpret the entirety of a case," said Latham, known internationally for her work as a forensic anthropologist. "Even everyday people on a jury need to understand that DNA is not this magic bullet, it needs to be interpreted just like any piece of evidence."
CHAPTER FOUR Forensic Evidence Forensic evidence is elucidated by laboratory methods used to examine and interpret physical evidence collected from the scenes of crimes. Physical evidence collection and examination 33
process is quite important in crime scene investigations, because of the knowledge physical evidence reveals about a case. Scientific laboratory techniques hold the potential of retrieving information from the physical clues left at the crime scene that can assist in determining what transpired at the scene and who was (and was not) involved. Now, the big question here is why we need forensic scientist to examine physical evidence collected from scenes of crimes, victims, and suspects. The forensic scientist achieves the following by examining physical evidence: Exact Identification and Classification – The review of physical evidence by competent crime laboratory examiners often begins with tests to identify a substance and, for example, to determine that a stain is blood or white powder is cocaine. Debris from a suspected arson scene might yield information to determine a volatile liquid was present in fire debris. Examinations also enable the examiner to place the evidence into a more restricted class or category, finding that blood is of human origin, the volatile liquid was light petroleum distillate, that a bullet was shot from a .38 caliber firearm, or that a fiber was cotton. Even latent fingerprints must first be identified as a human fingerprint and that the print is identifiable having sufficient details to make a subsequent determination of origin. Such classifications enable an examiner to conclude the evidence in question may have, or is consistent with originating from a particular source. Hence, the importance of physical evidence such as blood stains, bullet casings, semen and so on at crime scenes cannot be over emphasized. Individualization – This is a refined and powerful conclusion, which is often the main goal of physical examination, in which the examiner concludes that an item of evidence originated from a particular person or source. In practice, an examiner will commonly compare an item of evidence with a reference standard of known source and declare they are identical in all respects and of a common source or origin. With these results, the investigating officer is able to associate and connect persons, animate or inanimate objects of the crime, and specific geographical
locations.
Such
conclusions
of
common
origin
are
often
termed
individualizations which typically involve a comparison process between an item of evidence (unknown origin) and a standard (known origin). Some of the most important types of physical evidence recovered at crime scenes are projectiles from weapons, latent fingerprints found at the scenes of crimes, biological
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evidence such as hair, firearms and toolmark evidence, bullets and shell casings fired from a weapon and found at a crime scene, biological fluids (blood, semen, etc.) and so on. Computerized databases are another development that has changed the value of forensic science to the criminal justice system, but unfortunately, our country is yet to take this issue seriously. Without mincing words, investigators need a reference standard before they could make a statement of common origin, without this, the strength of forensic science is limited. Latent fingerprints from a crime scene could not be used to identify an offender unless a known set of fingerprints could be obtained from one or more suspects. The question here is that do we have a comprehensive, unified and operational fingerprint database? Automated Fingerprint Identification System – AFIS, was the first system introduced for storing fingerprint information, both to confirm the fingerprints and identities of arrestees, and to use latent prints recovered from the scenes of crime and to identify the offender Common origin results may or may not show an association between the suspect/offender and the crime in question. Crime scenes have an abundance of physical materials and it is the task of the crime scene investigator to locate that evidence that relates to the immediate crime in question. A biological stain, latent fingerprint or some other evidence at a scene may be completely unconnected to the instant crime in question or show some other party was at that scene days or weeks before. The crime scene investigator’s task is to evaluate an enormous volume of potential evidence at a crime and hopefully choose that evidence showing that a suspected person was present, in a particular location, where he or she had no rightful access. Crime Scene Reconstruction- Examination of evidence may assist the investigator in determining how a crime has or has not been committed. Such evaluations may indicate the movement and interactions of suspects and victims that may corroborate or rebut statements by witnesses, suspects and victims. Explaining the order in which actions took place and the location of principals of the crime (particularly crimes of violence) is especially helpful in justifying all evidence gathered. Reconstruction helps the investigator and prosecutor in conjecturing the order of events, the relative position of actors to one another, and how the crime in question divaricated. Exclusions – these are conclusions that a substance is found not to be what the investigator conjectured it to be (the powder is not cocaine). A conclusion of different origin is a laboratory result that states two or more items of evidence are not of common origin or 35
source. Typically, comparisons are made between a piece of evidence with a standard of known source, and they are found to be different. Such exclusions tend to dissociate persons, objects, and locations. Basically, such determinations state that the evidence in question could not have originated from a particular source of origin. The latent fingerprint did not come from suspect A, the bullet was not fired from weapon B, and the DNA in the biological stain did not originate from suspect C. Inconclusive - On occasion, the crime laboratory is not able to come to a firm conclusion of any sort. The examiner may not be able to reach any firm conclusion as to the origin of an item of evidence. Searches of databases may not be able to identify the origin of the evidence in question. A comparison between an item of evidence and a standard (paint, glass, plastic, etc.) may simply be inconclusive. Inconclusive results may not necessarily amount to an exclusion – only that there is an absence of scientific information for an examiner to make a statement of common origin or exclusion and the answer is inconclusive. Is it actually possible to commit a perfect crime? With so many unsolved criminal cases, does this actually translate into the existence of so many perfect crimes and criminals? The answer is No. This is explained by the Locard or ‘exchange principle’ (named after famed French criminalist Edmund Locard) states that any time there is contact between a person and another person or physical object there is an exchange of physical evidence. The level of interaction of the offender with the victim and/or crime scene environment is what produces the physical evidence in the first place. The offender acquires physical evidence from the target and he/she leaves evidence behind on whomever or whatever he has had contact. Breaking and entering and violent struggles between the offender and his victim produce the most physical evidence and crimes that are quick and involve little or no contact generate the least. The condition of crime scenes is a significant factor, with indoor scenes and those committed in clean and orderly environments allowing investigators to discern the newly formed evidence from the background environment. Crime committed in commercial establishments and public areas (sidewalks and roadways) pose special problems for preserving evidence and protecting its contamination. For every crime, whatever form it might take, evidence definitely exist, It now all boils down to the fact of how well equipped the investigators are in retrieving the physical evidence from the crime scene. Physical Evidence Challenges 36
The time elapsed from crime commission and its report to the police, and the delay in police response to the scene, have long been considered factors not only in apprehending criminals but also in the preservation of scene evidence. Time delay results in the likelihood increases that the evidence may be contaminated or destroyed by the victim, witnesses and passersby. The nature of offenses also contributes to the condition of the evidence as the seriousness of the offense and the availability of witnesses correlates with the speed with which the offense is reported. Homicides without witnesses and those committed in locations not immediately discovered may also be factors that hinder recovery. Crimes like sexual assaults that are often times not even reported to police or after lengthy periods of time lead to the destruction and contamination of evidence. Offenders may also take precautions to leave no physical evidence behind or to destroy/conceal that which they do. The police officer taking the initial report is critical in the success that physical evidence is preserved and collected. Police training guides admonish patrol and detectives to protect crime scenes upon arrival and to prevent unauthorized persons from accessing the crime scene. At this point I cannot but mention the way people contaminate crime scenes before and after the arrival of the police. The society needs to be educated on the importance of preserving a crime scene. Most of the time, in communities where a crime or incident has occurred, it is always seen that the members of the community encroach on the scene, contaminating evidence. In these situations, which are most occurring, the police is handicapped at efficiently resolving the case. The oftentimes fragile and transient nature of physical evidence allows it to be easily contaminated or destroyed. Forensics in Combat Zones With our societies threatened by the ravaging actions of terrorists, who about make use of any available place to execute there malicious activities, modify civilian areas into battlefields. Heinous activities such as kidnapping, rape, suicide bombings, extra-judicial assassination are essentially some of the crimes committed. Wrong or hurriedly collected combat intelligence in combat zones may result in the eventual arrest and killings of innocent individuals who might just happen to be in the wrong place at the wrong time; issues of friendly fire shootings (in the Nigerian context, known as stray bullets), and so on, nevertheless, this is also a crime and should be investigated thoroughly. In situations where a particular group of people consistently engage in killing another group of people, within the same country, is a dreadful act that surely changes the world. 37
The fact that a crime scene is located in a combat zone complicates the collection of evidence in so many ways. Improvised explosive devices (IEDs) have become one of the deadliest weapons on the battlefield. They account for a large number of casualties most of whom are civilians. Now the whole world is awakening to the threat they pose. If the IED is located before it explodes, A bomb-disposal team would attempt to neutralize the explosives and then should send it to a forensic laboratory. At times when IEDs do not get to forensic laboratories intact, the post-detonation fragments should be sent to the laboratory where Lab technicians would analyze each one and should catalog it in a database, with the aim of creating a bomb library. The question is why bomb fragments collected at crime scenes should be cataloged in a database. Apparently, comparing physical evidence along with the IED’s location, design, and materials, investigators can draw connections between bombs and their makers. Because of the existence of a database, it is quite possible to trace multiple IEDs to a single factory— or even a single individual and their networks. New trends or techniques can also be exposed. The database also allows for a continued investigation and analysis of evidence over a longer period, tracing the whole bomb-making network through time. When an IED arrives at a forensic lab, first, a lab technician unpacks the device and creates an examination plan based on its type and the type of evidence that might be retrieved. Then forensic technicians photograph each IED, inside and out, at resolutions so high that individual characters stamped on microchip components are visible. Those images go into the database, where investigators or bomb technicians at partner agencies around the world can access them. The way a bomb-maker has soldered a joint or twisted a wire can reveal if he or she is left- or right-handed. Certain techniques or constructions can serve as a signature for an individual or a group of bomb-makers. All devices then move on to other stages of analysis.
1. Forensics in a combat zone must be performed swiftly. When a crime scene is being keyed out for investigation within hours of the incident, the conflict may still be raging nearby. There is the peril of ordinance such as unexploded bombs left behind or improvised explosive devices (IEDs) set as maws still in the area. In a position like this, any forensic investigation must be completed extremely swiftly and expeditiously. If there is any doubt about a possible piece of evidence, it is important not to 38
pause and muse on what it means. Instead, it is photographed, bagged and removed to safer location, so it can be viewed at again at the next available opportunity. Within a very small time frame, photographs must be taken, measurements made, locations plotted and diagrammed, and device fragments, blood stains, bodies and other evidence need to be searched out, collected, documented and photographed. 2. An investigator may only get one encounter. Any evidence or data not collected or not captured in a photograph is lost — possibly forever. Therefore, lots of photos and objects must be taken in excess. If they are not useful, it is better to have extra images and discard them than to later require something you don’t have. 3. Conditions are most of the time crude at best. While most combat zones occur in remote areas (though most terrorist activities occur in populated areas to evoke maximum damage possible) where infrastructure may not be reliable or may even be destroyed, environmental effects such as extreme heat or cold, dust, unstable edifices smashed by shells and bombs, random gunfire, and locals who may be combatants any or all of these challenges make evidence collection precarious. 4. The kinetics of a crime scene can dramatically change within minutes during a combat. In combat zones, conflict of interest may ensue between the military personnel and crime scene investigators when having to work on a crime scenes. Military personnels will have different priorities when compared with the objectives of crime scene investigators, and in a dynamic situation, collecting evidence can interfere with those objectives. Evidence can be destroyed before investigators are cleared to examine the scene. A good example of this is seen in the Malaysian flight MH17 case, a civilian airliner flying between Amsterdam and Kuala Lumpur was allegedly shot down by a missile fired by proRussian separatists over rebel-held Eastern Ukraine. Although rebels in control of the crash site promised cooperation, obstructive behaviour allowed the flight recorders to be removed and held for a while. Possessions such as credit cards and other valuables belonging to the passengers were looted, evidence of the rocket strike and other important evidence was destroyed and the area around the crash was mined. Heavy gun replacements were established at the site with rebel soldiers watching the investigators.
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At long last, the first team of officials and experts left early with concerns about their safety, only to return three months later.
Aggravated Assaults Aggravated assault is one of the most prevalent crimes in the Nigerian society. A high percentage of assaults take place indoors, with a sizeable number involving male on female domestic violence. Assaults also take place outdoors, and the criminals involved get away with it. When one has to evaluate the number of assault incidents that take place outdoors, you can only imagine the number of occurrence indoors. Under normal circumstances, most incidents should have no witnesses and most victims receive medical treatment of some kind, but one would marvel at the boldness of the criminals involved not really caring about witnesses (except in some situations where they can be filmed). To effectively prosecute criminals involved in aggravated assaults and give their victims the justice they deserve, the use of forensic evidence is needful. Forensic Evidence from Mobile Phones During the examination of a crime scene, mobile phones can be retrieved and Forensic investigators can extract substantial data from the phone that would aid the investigation. Each mobile phone has a unique identifier called its IMEI number, and almost all modern phones also contain a SIM card having an IMSI number which unambiguously identifies a client. With the IMEI and IMSI number, it is quite possible to trace the registered owner of the phone and the calls made and received, by requesting this information from the telecoms company. Mobile phone networks are cellular networks, built from a network of cells, each of which is an area of coverage provided by a radio transceiver base station. When switched on, a phone connects to and registers with the nearest base station using its IMEI number, and the transceiver and handset will send paging messages between each other at frequent intervals to keep the connection established and detect if the phone is still within range. As the phone moves beyond the base station’s range and into a neighboring cell then the process of registering and paging messages is repeated. Base stations are connected to each other through networks under the control of a Mobile Telephone Switching Office, which routes calls between different regions of the network. Different telecoms firms and network providers are interconnected to form a single virtual network that spans an entire country. 40
This means the system will know the estimate location of any mobile phone device at any particular moment as long as it is switched on and in contact with a base station, in order to connect callers almost immediately. This information can provide a remarkably close approximation of where the phone is, or has been in previous seconds, minutes hours, days or weeks. And since all mobile phone networks interconnect at some point, this information can be recovered as far as within the virtual network. The quick question that comes to mind is that do we have a reliable database system, database of SIM cards, database on apartments, addresses and buildings? The investigators certainly can locate the phone and its use to a couple of addresses or apartment buildings, but the not having sufficient information on the area, prior to the police arriving at the location can setback the investigation. Forensic Air Crash Investigations Nigeria has had a fair share of plane crashes over the past decade, and a lot has been said as to what has been done to prevent future occurrences. Air crash investigations are often toilsome, time-consuming and expensive, requiring the expertise from a variety of fields and often collaboration between countries in accordance with International Civil Aviation Organization guidelines. The investigation of any incident scene, be it criminal, accidental or natural, will be accompanied by its own set of challenges. The forensic investigation of a plane crash is certainly no elision. The Investigation The investigation starts off when air traffic control loses communication with the plane, sometimes the pilots are able to make distress calls to air traffic control. Even before reaching the crash site, a lot of information about the aircraft will be gathered as possible, information such as the weather information of its flight path, maintenance history of the aircraft, passenger and crew list. Due to the size of the scene that needs to be examined, gross documentation is definite. Examination of the wreckage itself may point out the cause of an aircraft incident, such as through examination of a faulty component or the discovery of debris that would suggest a vicious attack. The scene of a crash site is quite enormous, as the debris are scattered over a vast area, and sometimes, the terrain of the scene could be quite challenging in the process of trying to locate the remains of the aircraft, for example, if part of the scene is located on a water body, or even worse, the water body could be flowing. 41
The annihilating nature of the crash, could destroy evidence that could be retrieved. Crash Location As earlier said, the crash site is a major determinant on the complexity of the investigation of the wreckage and recovery of bodies. Having the crash site in a water body makes locating the wreckage a very big challenge, and most times the plane and thus the people on board are never found. If the wreckage is located, the process of recovering victims and airplane components from the bottom of the ocean is obviously ticklish. Having the crash site on land gives a different scenario, depending on the nature of the crash the wreckage will most likely to scattered across a vast area, having to identifying and controlling the entire incident scene could be arduous, let alone effectively investigating it if the crash site is in a relatively populated area, the integrity of the crash site would have been compromised. Members of the community of the crash site would have sort of encroached the site, doing so many things such as plundering and the likes. Data Recorders When an aviation kerfuffle takes place, one of the chief goals of investigators is finding a device known as the black box (though these are actually bright orange in colour). Modern aircraft are now equipped with a number of data recording devices, well-built components designed to record as much data as possible relevant to the aircraft prior to and during the occurrence. It is also built to outlast crashes and fires. The black box is a small device generally bolted to the aircraft’s tail so as to prevent severe damage in the event of a head-on crash. They are also equipped with a subaqautic locator beacon, which is activated if the recorder comes into contact with water. This allows investigators to detect ‘pings’ emitted by the device so that the black box can be located. Moreover, the device can of course only function for a limited amount of time, on the whole for around 30 days before battery life is exhausted, so investigators work against the clock to locate this critical piece of equipment. The flight data recorder is a device used to record certain running parameters from the aircraft’s system, the examination of which may be able to suggest if there were any major faults with the aircraft. This can record a range of information including movement of certain aircraft components, time, direction, fuel levels, as well as the altitude, auto-pilot details and airspeed. The cockpit voice recorder is a unit which typically records sound from microphones worn by the pilot and the co-pilot as well as from the cockpit area. If this device 42
can be recovered intact, documentation of what was audibly occurring in the cockpit before and during the incident can be priceless, particularly if the pilots were unable to communication with air traffic control at the time. Identification of Victims Towards identification, the first point of call is to locate the bodies of the victims. When victims are located, the bodies may be damaged beyond recognition by the crash itself, fire, water, or even decomposition if recovery of bodies was held up. In these instances specialized forensic experts may be required to carry out DNA analysis or examination of dental records, guided by the details known about the victims from flight manifests and the assistance of family members. The identification of passengers and crew can be a quite challenging task, going by the inevitable ruinous scenes caused by some aircraft crashes. Rape Sexual abuse is a subject that makes people extremely uncomfortable, but one that is horrifying, prevalent reality for millions of victims. Victims are females and all of the suspects are males. The body of the victim is the crime scene. Majority of rapes are among people that knew each other, either as intimates/family or as friends/acquaintances. Two-thirds of rapes occur in houses and apartments. For the victims of sex abuse that are courageous enough to seek help, it is
important that evidence is collected quickly and appropriately so that it can be used in a court of law. Biological and Natural and Synthetic Materials are the two primary types of physical evidence collected. Sexual assault kits should be employed to gather physical evidence. The kits hold samples of suspected blood, semen, saliva and DNA. Vaginal, blood and latent print evidence can also be examined.
Some of the physical evidence that can be collected are Biological (blood, urine, semen, DNA, condom, saliva, bite mark, etc.); latent fingerprints; pattern evidence (foot wear, blood pattern, tire markstool mark, etc.); firearms and weapons( guns, bullet, casing, catridge, etc.); natural or synthetic materials (clothings, bed, bath, fabric, carpet, etc.); generic objects (vehicle, collision, container, floor door, furniture); electronic or printed data; trace evidence ( explosives, fire debris, soil, metal and glass fragments, plastic, hair, etc.); and drugs. It is also important that victims receive prompt evaluation and compassionate care. Forensic nurses are the bridge between the justice system and the health care system, accepting the role of a qualified medical professional trained to observe, recognize, collect and
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appropriately document evidence that ultimately becomes foundational to establishing the legal causation and responsibility for traumatic injury. Forensic nurses have a striking impact on the ability of law enforcement agencies to gather the evidence needed to convict sex offenders. Forensic nurses do a comprehensive medical examination on the patient, photo documentation of injuries (such as bruises, cuts and scraped skin), and collection of clothing, a magnifying optical device called a culpascope is used to examine the genital area of the victim, whether adult or child, they take the patient history so that it is admissible in court and shows a consistency in the victim’s statement. Data breach In recent times we have seen notable companies having to face the scourge of data breach due to high profile external hacks, some of which attracted the attention of the media. The effects of data breaches are potentially devastating. Some of the questions that are raised by the company or organisations heads are – what is lost, where to start, what to do and how to reduce collateral damage. These are questions that will be on the mind of every single member of the company board. At this point, a forensic investigator is invited, who first makes an assessment of the situation. It is important that the forensic investigator first of all recognize how the data breach has happened. There is a need to know if it is internal, as a result of an employee losing their laptop or installing something they should not have done, or from an external factor such as a malware or hacker. These days whenever there is a data breach in an organization, the general conclusion is that the breach is as a result a hacker- ‘we have been hacked’. Whereas, in actual fact, data breaches also happen from internal factors – whether they occurred inadvertently or are malicious. Having this in mind, the forensic investigate must investigate all avenues promptly and precisely. Examining the scene of the crime A skilled investigator would use a variety of tools to identify and seal a breach, and the first step is to identify the compromised device(s). An Intrusion Detection System (IDS) is used to do this. An Intrusion Detection System (IDS) is very good at identifying a compromised device, but its worthy to point out that, most IDS’ are not able to identify specific problem 44
files or folders. They often only provide simple registry information, and rarely go into detail about what data has been lost or stolen. Not being able to identify the specific problem file or folder poses a challenge to the Forensic Investigator. The forensic investigator will then have to go a through a mass of periodical backups (presuming the machine was backed up in the first place) to identify what information was lost, which is very crucial. Fortuitously, if the organisation has taken the initiative to implement a comprehensive endpoint backup solution, then the task of identifying the leaked information becomes a lot easier. There are a couple of IT softwares that will allow quick identification of the data on compromised devices. They will allow the investigator to see previous version histories of a specific file or folder, along with precise access and modification records. They provide nearcontinuous rolling backups so investigators get access to exactly what information was breached, as well as a trail of breadcrumbs back to the guilty party – whether that be an employee, hacker or piece of malware. The best frontline protection will only buy organisations a certain amount of time against a data breach – and they do very little to defend them from insider threats. An organisations best weapon in the fight against cyber crime, whether internal or external, is visibility. An advanced endpoint backup solution and a comprehensive security programme gives security specialists the ability to monitor the flow of information through the endpoints of an organisation. This glide path provides the company board with the information it needs to take appropriate actions. Arson Following a fire incident with an unknown cause, forensic fire investigators are often asked to chemically analyse the debris, in particular looking for signs of combustible liquids. With other forms of evidence from the scene of the fire, this can help to guide an investigation or provide decisive evidence for a court case. An array of techniques can be used to identify combustible fluids, and most can be easily categorized using standard classification systems and databases if available. However, some processes can alter combustible fluids, changing their chromatograph patterns and their chemical compositions. Resultants from the first stage of burning (also known as pyrolysis) and the presence of microbes can all change combustible fluids.
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In addition to these known effects, a study revealed a new distorting effect – acidification. It showed that the addition of acid to fuels before they are burned makes identifying them after a fire even more challenging. Combustible fluids are often mixed with sulfuric acid to create arsonist devices contrived to set property on fire. If combustible fluids have undergone significant changes in composition (as in the case of gasoline), the extraction, detection and identification of their residues could be much more challenging. “Acidification causes sequential chemical changes in the original composition of the combustible fluids. These modifications affect their qualitative and semi-quantitative chromatographic characteristics and cause great difficulties in detection, classification and characterisation,” explain authors of the paper, Professors Carlos Martin-Alberca and Carmen Garcia-Ruiz. They performed the research at the Ecole des Sciences Criminelles, at the University of Lausanne (ESC-UNIL) under the supervision of Associate Professor Oliver Delémont. .
CHAPTER FIVE Ballistic Fingerprinting Olobashola Folorunsho Gabriel Email:
[email protected] Phone no.: 08034339433
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Ballistics is the study of firearms. From the art point of view, ballistics can be said to be the study of a bullet’s path from the firearm, through the air, and into a target. In criminal investigations, ballistics is a term for firearms identification: the art of matching recovered bullets and their casings to the firearm from which they were fired. Early History of Ballistic Identification The forensic potential of marks on bullets and cartridge cases became recognized during the latter half of the 19th century, and by the 1920s, such evidence was appearing in criminal trials around the country. In these early cases, available technology was limited to magnifying glasses, rudimentary cameras and monocular microscopes. Even with these primitive tools, however, enterprising investigators were able to confirm or eliminate matches in several significant cases. Forensic innovator Calvin Goddard offered ballistic identification evidence in 1921 to help secure convictions of accused murderers Nicola Sacco and Bartolomeo Vanzetti. In 1929, using a comparison microscope adapted for the purpose by his partner, Phillip Gravelle, Goddard used similar techniques to absolve the Chicago Police Department of participation in the St. Valentine’s Day Massacre. Ballistics in Nigeria is an aspect of forensic science that has been overlooked for far too long. Security agencies in Nigeria rarely employ ballistics techniques in solving crimes thus leaving a large number of unresolved criminal cases involving firearms, cases that could have been otherwise solved easily using ballistic techniques. Several studies and research have been carried out on scientific identification of fire arms and bullets. The application of ballistics to solving crimes in Nigeria is practically non-existent, thus criminal and civil cases that could otherwise be easily solved within a short period of time tend to drag on for months and years as the case may be. Therefore there is a need to enhance and support research into the scientific identification of firearms and bullets in order to aid criminal investigations and prove cases beyond reasonable doubt before competent courts of law so as to deliver justice appropriately and in good time. There is also the need to implore security agencies to adopt already established principles and methods of firearm identification. Studies have revealed that every firearm leaves unique, reproducible markings on each bullet and cartridge case it fires. These markings function as a “ballistic fingerprint. “Ballistic
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identification” is the use of a ballistic fingerprint, whether accidental or intentional, to identify the specific gun that fired a recovered bullet or cartridge case State of Ballistic Fingerprinting in Nigeria A survey was conducted amongst investigating police officers from various police station within the Lagos and Ibadan metropolis, the methodology entailed administering questionnaires to investigating police officers across various police stations and as many security agencies that were ready to respond, asking them questions ranging from how or if scientific methods of identifying firearms and bullets have been applied to solving crimes, to their willingness to employ scientific methods of identifying firearms and bullets for solving crimes. Analysis of demographic data sn Variable Frequency 1 Sex Male 27 Female 23 Total 50 2 Age 20-30 Years 13 31-40 Years 30 41 Years and above 7 Total 50 3 Educational Background OND/NCE 24 HND/B Sc. 22 Others 4 Total 50 Source: Author’s Fieldwork, 2016
% 54 46 100 26 60 14 100 48 44 8 100
From the result of the analysis carried out as shown in the demographic table above, 50(100%) respondents were randomly selected and interviewed and of the 50 respondents interviewed, 27(54%) are male while the remaining 23(46%) are female. The result of the analysis also revealed the age distribution of respondents as contained in the table above, according to the analysis, 13(26%) of the respondent lies within the age group of 20-30 years, 30(60%) of the respondents are within the ages of 31-40 years and only 7(14%) of the total respondents are of the age 41 years and above. This indicates that most of the respondents interviewed lies within the age of 31-40 years of age. 48
Furthermore from the result of the analysis carried out, the analysis revealed the demographic distribution of years of service of the respondents in the organization. The results reveal that 12(24%) of the respondent have served the organization for between 1-5 years, 24(49%) of the respondents have served the organization for between 6-10 years and 13(27%) of respondents have served the organization for 11 years and above. This indicates that most of the respondents interviewed had served the organization for between 6-10 years. Finally on the demographic analysis of data, the analysis further reveals the demographic distribution of cadre position in the organization as shown in the chart above, from the analysis 7(14%) of the respondents are senior officers, 2(52%) are middle class officers while 17(34%) are junior officers indicating that most of the respondents are officers at the middle cadre.
Results SN Variable SA A D SD U 1 Firearms and bullets are a major form of evidence recovered at 16(32%) 18(36%) 10(20%) 4(8%) 2(4%) crime scenes 2 The scientific identification of firearms and the source of bullets 9(18%) 13(26%) 7(14%) 6(12%) 15(30%) recovered at crime scenes would 49
help a long way in the investigation of a case. 3 There is a strong relationship between firearms and bullets recovered at the crime scenes with the nature of the crime 4 Identifying the source and type of firearms and bullets can help in streamlining the list of suspects 5 A large percentage of cases involve the use of firearms 6 The scientific identification of firearms has been applied to solving crime 7 Do you believe that the application of the scientific identification of firearms would increase the rate of solving crimes 8 Is the type of weapon used and the bullets recovered at the crime scene actually relevant in criminal investigation in Nigeria 9 The recovery of this type of evidence from crime scenes is efficient? 10 Most times cases are lost due to the inability of the prosecutor to link the firearms to the suspect. Source: Author’s Fieldwork, 2016
15(30%) 20(40%) 4(8%)
3(6%)
7(14%)
8(16%)
13(26%) 7(14%)
3(6%)
19(38%)
8(16%)
13(26%) 8(16%)
3(6%)
17(34%)
3(6%)
7(14%)
8(16%)
15(30%) 6(12%)
3(6%)
18(36%)
5(10%)
12(24%) 8(16%)
4(8%)
21(42%)
7(14%)
13(26%) 7(14%)
4(8%)
19(38%)
14(28%) 21(42%) 5(10%)
3(6%)
7(14%)
11(22%) 8(16%) 21(42%)
From the result of the analysis carried out as shown in the table above, the result reveals that firearms and bullets are major form of evidence recovered at crime scenes, this because 16(32%) of the respondents strongly agreed that firearms and bullets are major form of evidence recovered at crime scenes, 18(36%) of the respondent also agree that firearms and bullets are major form of evidence recovered at crime scenes, making a total of 34(68%) of the total respondents who agreed that firearms and bullets are major form of evidence recovered at crime scenes as against a total of 14(28%) of the respondents who said that firearms and bullets are not major form of evidence recovered at crime scenes. Comparing these inferentially, it could be deduced that firearms and bullets are major form of evidence recovered at crime scenes. Also from the result of the analysis carried out as shown in the table above, the result further revealed that scientific identification of firearms and the source of bullets recovered at crime 50
scenes would help a long way in the investigation of a case, this because 9(18%) of the respondents strongly agreed that the scientific identification of firearms and the source of bullets recovered at crime scenes would help a long way in the investigation of a case in addition to 13(26%) of the respondent who also agree that The scientific identification of firearms and the source of bullets recovered at crime scenes would help a long way in the investigation of a case, making a total of 22(44%) of the total respondents who agreed that the scientific identification of firearms and the source of bullets recovered at crime scenes would help a long way in the investigation of a case as against a total of 13(26%) of the respondents who said that The scientific identification of firearms and the source of bullets recovered at crime scenes would not help in the investigation of a case. Comparing these statistically, it could be deduced that the scientific identification of firearms and the source of bullets recovered at crime scenes would help a long way in the investigation of a case. Furthermore on this development as shown in the table above, the result reveals that there is a strong relationship between firearms and bullets recovered at the crime scenes with the nature of the crime, this because 15(30%) of the respondents strongly agreed that there is a strong relationship between firearms and bullets recovered at the crime scenes with the nature of the crime, 20(40%) of the respondent also agree that there is a strong relationship between firearms and bullets recovered at the crime scenes with the nature of the crime, making a total of 35(70%) of the total respondents who agreed that there is a strong relationship between firearms and bullets recovered at the crime scenes with the nature of the crime as against a total of 7(14%) of the respondents who said that there is no strong relationship between firearms and bullets recovered at the crime scenes with the nature of the crime. Comparing these inferentially, it could be deduced that there is a strong relationship between firearms and bullets recovered at the crime scenes with the nature of the crime. Further still on this development, the result, as shown in the table above reveals that Identifying the source and type of firearms and bullets can help in streamlining the list of suspects, this because 8(16%) of the respondents strongly agreed that Identifying the source and type of firearms and bullets can help in streamlining the list of suspects, 13(26%) of the respondent also agree that Identifying the source and type of firearms and bullets can help in streamlining the list of suspects, making a total of 21(42%) of the total respondents who agreed that Identifying the source and type of firearms and bullets can help in streamlining the list of suspects as against a total of 10(20%) of the respondents who said that Identifying 51
the source and type of firearms and bullets cannot help in streamlining the list of suspects. Comparing these inferentially, Identifying the source and type of firearms and bullets can help in streamlining the list of suspects. Also from the result of the analysis carried out as shown in the table above, the result further revealed that a large percentage of cases involve the use of firearms, this because 8(16%) of the respondents strongly agreed that a large percentage of cases involve the use of firearms in addition to 13(26%) of the respondent who also agree that a large percentage of cases involve the use of firearms, making a total of 21(42%) of the total respondents who agreed that a large percentage of cases involve the use of firearms as against a total of 11(22%) of the respondents who said that a large percentage of cases do not involve the use of firearms. Comparing these statistically, it could be deduced that a large percentage of cases involve the use of firearms. Furthermore on this development as shown in the table above, the result further revealed that the scientific identification of firearms has not been applied to solving crime, this because 8(16%) of the respondents strongly disagreed that the scientific identification of firearms has been applied to solving crime in addition to 11(22%) of the respondent who also disagree that the scientific identification of firearms has been applied to solving crime, making a total of 19(38%) of the total respondents who agreed that the scientific identification of firearms has not been applied to solving crime as against a total of 10(20%) of the respondents who said that the scientific identification of firearms has been applied to solving crime. Comparing these statistically, it could be deduced that the scientific identification of firearms has not been applied to solving crime. Also on this development as shown in the table above, the result further revealed that people believe that the application of the scientific identification of firearms would increase the rate of solving crimes, this is because 8(16%) of the respondents strongly agreed that the application of the scientific identification of firearms would increase the rate of solving crimes in addition to 15(30%) of the respondent who also agreed that the application of the scientific identification of firearms would increase the rate of solving crimes, making a total of 23(46%) of the total respondents who agreed that the application of the scientific identification of firearms would increase the rate of solving crimes as against a total of 9(18%) of the respondents who said that the application of the scientific identification of firearms would not increase the rate of solving crimes problems. Comparing these 52
statistically, it could be deduced that the application of the scientific identification of firearms would increase the rate of solving crimes. From the result of the analysis carried out as shown in the table above, the result reveals that weapon used and the bullets recovered at the crime scene are actually relevant in criminal investigation in Nigeria, this because 5(10%) of the respondents strongly agreed that weapon used and the bullets recovered at the crime scene are actually relevant in criminal investigation in Nigeria, 12(24%) of the respondent also agree that weapon used and the bullets recovered at the crime scene are actually relevant in criminal investigation in Nigeria, making a total of 17(34%) of the total respondents who agreed that weapon used and the bullets recovered at the crime scene are actually relevant in criminal investigation in Nigeria as against a total of 12(24%) of the respondents who said that weapon used and the bullets recovered at the crime scene are not actually relevant in criminal investigation in Nigeria. Comparing these inferentially, it could be deduced that weapon used and the bullets recovered at the crime scene are actually relevant in criminal investigation in Nigeria. Furthermore on this development the result of the analysis carried out as shown in the table above reveals that The recovery of this type of evidence from crime scenes is efficient, this because 7(14%) of the respondents strongly agreed that The recovery of this type of evidence from crime scenes is efficient, 13(26%) of the respondent also agree that The recovery of this type of evidence from crime scenes is efficient, making a total of 20(40%) of the total respondents who agreed that The recovery of this type of evidence from crime scenes is efficient as against a total of 13(26%) of the respondents who said that The recovery of this type of evidence from crime scenes is not efficient. Comparing these inferentially, it could be deduced that the recovery of this type of evidence from crime scenes is efficient in criminal investigation in Nigeria. Furthermore on this development the result of the analysis carried out as shown in the table above reveals that Most times cases are lost due to the inability of the prosecutor to link the firearms to the suspect, this because 14(28%) of the respondents strongly agreed that Most times cases are lost due to the inability of the prosecutor to link the firearms to the suspect, 21(42%) of the respondent also agree that Most times cases are lost due to the inability of the prosecutor to link the firearms to the suspect, making a total of 35(70%) of the total respondents who agreed that Most times cases are lost due to the inability of the prosecutor to link the firearms to the suspect as against a total of 8(16%) of the respondents who said that 53
Most times cases are not lost due to the inability of the prosecutor to link the firearms to the suspect. Comparing these inferentially, it could be deduced that weapon used and Most times cases are lost due to the inability of the prosecutor to link the firearms to the suspect. Findings 1. It was discovered that there is significant relationship between firearms and bullets recovered at crime scenes. 2. It was discovered that firearms and bullets are a major form of evidence recovered at crime scenes. 3. It was also find out that the scientific identification of firearms and the source of bullets recovered at crime scenes would help a long way in the investigation of a case. 4. It was discovered that there is a strong relationship between firearms and bullets recovered at the crime scenes with the nature of the crime. 5. It was also discovered that Identifying the source and type of firearms and bullets can help in streamlining the list of suspects. 6. It was find out that the type of weapon used and the bullets recovered at crime scenes are relevant in criminal investigation in Nigeria. Recommendations 1. At crime scene only the police and the forensic scientist should be the only people to visit the crime for proper identifications of crime materials or evidence. 2. More forensic scientist should be trained and employed to work in conjunction with the police force and other security agencies. 3. Sale of weapons and ammunition should be closely regulated by government. 4. Firearms and bullets recovered at crime scene should be subjected to forensic scientific identification. 5. Forensic science as course should be introduced to first degree level and postgraduate level. 6. A data base of all government and private arms and ammunition should be collected and all subsequent purchase of fire arms should be taken down. This data base should include ballistic fingerprints of each fire arm. 7. Local manufacturing of fire arms should be curbed. Summary
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Crime has been from the inception of creation and it has grown with the trend of technology and it should accordingly be track with evolution of forensics. The evolution has since commenced and has in fact gone very far. However, Nigeria as a country is not up to date with this evolution; hence there is an urgent need for the Nigerian security agencies to channel resources and attention towards the adoption and development of Ballistics and indeed forensic science in general.
CHAPTER SIX
Conclusion The impeding Importance of the Forensic Science Disciplines to Homeland Security
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Threats to our nation’s national security underlie the need for adequately trained forensic experts. Questions such as how prepared are we as a nation to handle mass disasters efficiently, not just a national response but local response matters too, becomes a major question that requires a sincere answer. It is imperative to set in motion a formidable forensic science community to develop realtime plans and protocols for mass disaster responses by the network of established and adequately funded forensic laboratories and more functioning death investigation systems across the country. The integration of the forensic science disciplines to support intelligence, investigations, and operations aimed at the, interdiction, prevention, attribution, and prosecution of terrorism is an important component of both public health and national security. The forensic science disciplines could be employed to generate investigative leads to test, direct, or redirect lines of investigation (strengthening the efficiency of our security agencies), that is aside from the fact of helping prosecutors and defense attorneys build a better and stronger evidence based cases (improving our criminal justice system). Forensic science disciplines are essential components of the response to mass fatality events, whether natural or man-made.
Research, Education and Training in Forensic Science It is important to start grooming a sound generation of forensic practitioners in Nigeria. In response to this, some universities, of which the University of Ibadan is the first, have created new certificate and degree programs to prepare students for forensic science careers. There is also the need to educate the users of forensic science analyses, especially those in the Justice system. Judges, lawyers, and law students can benefit from a greater understanding of the scientific bases underlying the forensic science disciplines. This is partly achieved by an annual forensic science workshop organized by the forensic team, University of Ibadan. Research is a critical component of an appropriate forensic science education. A sustainable source of funding should exist to support education and research in forensic science. The lack of research funds means that universities are unlikely to develop research programs in forensic science. This lack of funding would not encourage top scientists from exploring the many scientific issues in the forensic science disciplines. There is also a need, as earlier stated, to educate the intending users of forensic science services; this is just to address the need for them to understand the services and the terminologies used.
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Users of forensic science analyses include law enforcement officers, the bar, the judiciary, the general public, and policymakers. Forensic science services users need to understand increasingly complex scientific evidence. Failure to consider forensic science evidence in a thoughtful and thorough manner renders its benefits null and void. There is also the need for forensic science education programs geared to continuing education participants rather than full-time students. This would be of immense benefit to law enforcement agencies and lawyers.
Automated Fingerprint Identification System Interoperability Adopting the use of the Automated Fingerprint Identification Systems (AFIS) to improve its efficiency and reduce the time needed to identify (or exclude) a given individual from a fingerprint would be a giant stride for national security. It will improve the way the law enforcement community manage fingerprints and identify people. AFIS searches are much faster than manual searches and often allow examiners to search across a larger pool of candidates and produce a shorter list of possible associations of crime scene prints and unidentified persons, living or dead. Working with a system’s software, fingerprint examiners can map the details of a given fingerprint by features that consist of “minutiae” (e.g., friction ridge endings and ridge bifurcations) and ask the system to search its database for other records that closely resemble this pattern. Depending on the size of the database being searched and the system’s workload, an examiner often can get results back within minutes. Due to the absence of a nationwide AFIS interoperability, many crimes definitely go unsolved simply because investigating agencies cannot search across all the individual databases that might hold a suspect’s fingerprints or contain a match for an unidentified latent print from a crime scene. I think it’s about time that this interoperability challenge is surmounted. The policymakers should mandate a nationwide AFIS interoperability. Law enforcement agencies should be provided with the resources necessary to develop and maintain interoperable AFIS implementations. The issues concerning jurisdictional agreements and public policies that would allow law enforcement agencies to share fingerprint data more broadly should be addressed. Forensics and Manhunt
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Generally applicable any crime, the key at the scene is to gather and decipher as much information as possible, as quickly as possible. Witness statements need to be taken and processed, as do forensic discoveries. Forensic investigators have to be on ground, in order to achieve this. Cameras in public places are now emerging in our society, which is a welcome development, because cameras operating at the scene of a crime are immensely useful, which help to identify suspects and the directions in which they might have headed after the attacks. Sometimes, you can follow attackers right back to the point where they can be identified. Facial recognition technology should be available to the police. There is also automatic number plate recognition, which keeps a record of where vehicles have passed. This should also be embraced by our security outfits. Once the police have an idea of who the suspect is, they need to catch them as quickly as possible. One way to enable this is to close down an area or even country, by imposing roadblocks, curfews and even border closures - or at least targeted checks. This involves getting the best possible information about suspects to police and officials. This is shows the significance of existing and retrievable database to a country. Once police have been able to pin a name to the suspect(s), it might be possible to find their social media accounts. The information retrieved from here could lead to family members, friends and even accomplices. If investigators are able to work out which phone a suspect is using then they might also able to follow it. Quite often than not, people have their mobile phones on them wherever they go so if it's switched on they virtually become a free personal tracker, but this can only be achieved if computer forensic specialist are available. Police will search for vehicles that are linked to the suspect, as well as those of their family and friends. Bank accounts will also be frozen and monitored. Another ticklish procedure is putting out pictures and descriptions of suspects in order to get information. Mistaken sightings can diverge resources from the main manhunt. They can also lead to false accusations. But tip-offs from the public can definitely make a big difference. Once substantial information on suspects becomes available, there is questioning of family, friends and associates. This sometimes follows raids. Computer forensics can provide significant clues as to where suspects might be. Email, web history and recent activity online to see if they've been looking at particular maps or building up information about certain places or even booking accommodation, are all relevant. Computer forensic experts can also deduce the people they regularly communicate with and the places they visit routinely, if the appropriate resources are available. 58
Wi-Fi hotspots can be useful, he explains. Police can look at the networks that a laptop has connected to in the past and track the addresses. Mobile phones can also be a mine of information if they can be found. Investigators can look at who a suspect has been talking to and the details of their conversation. When a photograph is taken with a mobile phone, GPS coordinates of the photo location could be registered on the phone, depending on the kind of mobile device. All of this will help build up patterns of movement and assist investigators in working out where suspects might be hiding. Once the whereabouts of the suspect - exact or approximate - are ascertained, it's imperative to catch them quickly. This can be a delicate operation. One should not be ignorant of the fact that assailants study what police have done to catch suspects in recent cases, meaning methods are constantly evolving on both sides. The question now is are we doing enough to keep at bay criminal activities, are we sincerely interested in knowing the truth. It shouldn’t be controversial to point out the indispensability of forensic science in Nigeria. This is because of its capability of bringing criminals to justice and in dealing with the effects of natural and ‘human-made’ mass disasters. It is of no doubt by now established that the forensic science techniques enable the thorough investigations of crime scene even to the extent of having the potential value in identifying terrorist activity. Therefore, a formidable forensic science community is needed in Nigeria to maintain homeland security. However, the great potential of forensic science cannot be harnessed without us sowing into its growth and development.
References A dozen notorious crimes – the evidence that helped solve them. By Paul Kerley, BBC News Magazine. African Journal of Criminology and Justice Studies, Vol.1 No.1: April, 2005.
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Britain’s real-life bone collectors. By Chris Baraniuk. 11 December 2015. DNA Profiling: Forensic Science under the Microscope. Ian Freckelton. Barrister Owen Dixon Chambers, Melbourne. Endpoint Police: The Forensic Investigator by Andy Hardy. Forensic Chemistry, David Collins, Brigham Young University-Idaho, 2007. Fighting Crime with Science by Jim Dawson, NIJ Journal 276. Published: 11/09/2015 Forensic magazine: Fixing Forensic Science: A Conversation with Kathy Reichs. Forensic fire investigations – a new way to detect foul play. Ezine: Published: Oct 12, 2015 Author: Ryan De Vooght-Johnson. Forensic Science in UK Policing: Strategies, Tactics and Effectiveness. Nick Tilley, Nottingham Trent University; Michael Townsley, UCL Jill Dando Institute of Crime Science. Forensic Pseudoscience: The Unheralded Crisis of Criminal Justice Nathan J. Robinson November 16, 2015. Forensic Sciences: Review of Status and Needs Coordination by Office of Law Enforcement Standards National Institute of Standards and Technology Gaithersburg, MD 20899-8102 February 1999. Garry Rodgers; Become a fan Former homicide detective and forensic coroner Posted Genomics -- The Future of Forensic DNA Profiling Gov info security: Why Cybercrime Now Exceeds Conventional Crime. Cybersecurity Expert Alan Woodward Analyzes the Implications by Mathew J. Schwartz. September 15, 2015. Home Office Online Report 43/05 Sarah-Anne Bradbury, Andy Feist. How police can get your deleted texts, like they got Kyle Navin’s Kent Pierce, WTNH Reporter. Published: November 4, 2015. Homeland security In Cybercrime, Every Piece of Data Has a Price By: Corey Diehl, Staff Writer. How Forensic Accounting is used to Combat Terrorism in the United States. By Khamis M Bilbeisi, PhD, Forensic Accounting Professor, Clayton State University Richard T. Brown, MBA, Clayton State University. Illustrated Guide to Home Forensic Science Experiments All Lab, No Lecture by Robert Bruce Thompson and Barbara Fritchman Thompson, 2012. Improving the Practice and Use of Forensic Science a Policy Review.
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Judiciary of England and Wales His Honour Judge Andrew Goymer. The Importance of Forensic Science to the Courts. NCCO : Police introduce new crime fighting Tool. By Shirley min. November 3, 2015. Nick Tilley and Andy Ford. Crime Detection and Prevention Series; Forensic Science and Crime Investigation. June 1996. Non-invasive fingerprint drug testing could aid death investigations. By - Josh Loeb - Police Oracle. 4th November 2015. Obstacles to effective policing in Nigeria. Emmanuel C. Onyeozili. Department of Criminal Justice, University of Maryland Eastern Shore. Opinion: The Dark Side of Forensics in Tunisia. By Zied Mhirsi. Dec 20 2015. On the Frontline: The role of forensic science in criminal investigations By Women Police reporter Melanie Hill. Paris attacks: How does a manhunt work? By Justin Parkinson and Camila Ruz. BBC News Magazine. 17 November 2015. Police and crime prevention in Africa: a brief appraisal of structures, policies and practices. Elrena van der Spuy and Ricky Röntsch Cape Town Draft reported on October 31st 2008. Popular Science. A Bonnier Corporation Company: To Catch a Bomb by Clay Dillow. September 22, 2015. Preventing miscarriages of justice: A review of forensic firearm identification by Rachel S. Bolton-King Science Centre, Department of Forensic and Crime Science, Staffordshire University, Leek Road, Stoke-on-Trent, Staffordshire, ST4 2DF England, UK. 25 November 2015. Phys.org. Glowing fingerprints to fight crime. October 21, 2015. Phys.org. Managing the data deluge for national security analysts. November 17, 2015. By Heather Clark. Research and Development in Forensic Science: a Review by Bernard Silverman, June 2011. Reuters: Crash forensics to determine whether bomb downed Russian jet. Nov 6, 2015. Reuters: It never happened: How to deny genocide in the face of science By David Rohde July 17, 2015. Rounding up fascinating news and research in the field of forensic science. October 8, 2015. By Locard's Lab. Determining the Age of a Fingerprint: Is It Possible? Rounding up fascinating news and research in the field of forensic science. By Locard's Lab. Interview with Forensic Video Analyst, David Spreadborough. October 14, 2015. Rounding up fascinating news and research in the field of forensic science. By Locard's Lab. 61
The Challenges of Forensic Air Crash Investigations. March 26, 2015. Science News from research organizations. Homeland Security's Science and Technology Directorate. Forget cash: Plastic is the new sign of criminal activity. August 31, 2015. Shortage of funding for staff and facilities creates forensics in crisis by Conor Gallagher. Nov 6, 2015, 04:30. The Atlantic: Fighting Crime, With Pollen. Elon Green. November 17, 2015. The conversation: What police can learn from a terrorist’s discarded mobile phone by David Stupples, Professor of Electrical and Electronic Engineering and Director of Electronic Warfare, City University London. November 20, 2015. The Dark Side of DNA Databases. The “match statistics” generated by analyzing large troves of DNA information are easy to misinterpret. Erine Murphy. October 8, 2015. The examiner: Forensic nurses help provide comfort and justice for victims of sexual abuse. Submitted by Kevin King on October 8, 2015. Top reasons people are falsely imprisoned. By Reuven Fenton. November 15, 2015. The Right Hon. the Lord Thomas of Cwmgiedd, Lord Chief Justice of England and Wales. Expert Evidence, the Future of Forensic Science in Criminal Trials. The 2014 Criminal Bar Association, Kalisher Lecture. 14 October, 2014. The Role and Impact of Forensic Evidence in the Criminal Justice Process Author: Joseph Peterson, Ira Sommers, Deborah Baskin, and Donald Johnson Document No.: 231977. September 2010. The use of forensic science in volume crime investigations: a review of the research literature. The Washington post: The Volokh Conspiracy: 12 reasons to worry about our criminal justice system, from a prominent conservative federal judge By Eugene Volokh July 14, 2015. The Writer’s Forensics Blog: Forensic comments for writers from D. P. Lyle, MD. Crime and Science Radio: Bones Tell the Tale: An Interview with Forensic Anthropologist and Bestselling Author Kathy Reichs. Trends, Challenges and Strategy in the Forensic Science Sector. By Dr. T.B.P.M. Tjin-A-Tsoi March 2013. Vertebrate Decomposition Study Provides Potential New Tool for Forensic Science December 10, 2015 | Heather Buschman, PhD and Jim Scott.
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