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FSCI6120 - Advanced Topics > ENFSI > Flashcards

ENFSI Flashcards

1
Q

Where is the guidance on reporting in forensic science found

A
  • the forensic science service
  • ENFSI guidelines
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2
Q

What does ENFSI mean?

A
  • European Network of Forensic Science Institutes
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3
Q

What are the four types of reporting used in forensic science?

A
  • evaluative - court
  • intelligence (if do not have two propositions)
  • investigative (links multiple crimes)
  • technical (short and concise - not used in court)
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4
Q

What is an evaluative report?

A
  • forensic report containing an evaluative reporting section
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5
Q

What are three key features of an evaluative report in forensic science?

A
  • it provides an assessment of the strengths attached to the experts finding in the context of the alleged circumstances of the case
  • usually uses LR
  • includes limitations to analyses conducted
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6
Q

Forensic practitioners will not…(3)

A
  • they will not report on matters outside their own area of expertise
  • they will not give conclusions on issues that do not require specialist knowledge
  • they will make clear that this is not part of their expert evaluation if asked
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7
Q

When are evaluative reports to be used in court?

A
  • for use in court when two conditions met:
    1 - forensic practitioner has been asked by a mandating authority/part to examine and/or compare material
    2 - forensic practitioner seeks to find evaluative findings with respect to particular competing propositions set by the specific case circumstances or as indicated by the mandating authority
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8
Q

For forensic science findings in court cases, these use probability as a measure of uncertainty. What 5 things is this based upon:

A
  • your findings
  • expert knowledge
  • associated data
  • case specific propositions
  • conditioning information
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9
Q

What does the likelihood ratio provide?

A
  • the strength of support the findings provide to discriminate between propositions of interest
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10
Q

What happens if the customer directs an examination strategy that in the opinion of the forensic practitioner is inappropriate?

A
  • advise accordingly
  • make the advice and conversations explicit on the case file
  • any resulting limitations on the interpretations shall be described in the report
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11
Q

What occurs in pre-assessment?

A
  • should be valid and in accordance with an established and controlled methodology
  • made by competent and trained personnel
  • a likelihood ratio is assigned
  • assigned probabilities in pre-assessment stage may be refined in light of the findings
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12
Q

What 12 things should the casefile include?

A

1 - case information
2 - mandate and questions asked
3 - materials and items received
4 - key issues and propositions of interest
5 - all discussions with mandating authorities and parties in the case
6 - examination strategy
7 - methods used
8 - potential outcomes and assigned probabilities at time pre-assessment was carried out
9 - relevant data used in probability assignments
10 - observations made and analytical results
11 - discussion and evaluation of the strength of support that the findings provide to help to resolve the issues (and related propositions) dictated by the purpose and the circumstances of the case
12 - conclusions and report given to the mandating authority or party

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13
Q

What nine things should the report include?

A

1 - conditioning information used
2 - mandate and questions asked
3 - the propositions of interest
4 - relevant items collected/received
5 - items examined
6 - significant findings
7 - discussion and evaluation
8 - conclusion(s)
9 - a caveat that any change in conditioning information may require assessments, conclusions and/or propositions to be reviewed

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14
Q

What are the four requirements of an evaluative scientific report outlined by ENFSI?

A
  • balance
  • logic
  • robustness
  • transparency
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15
Q

In what 2 ways can conclusions be expressed in an evaluative report?

A
  • by value using LR
  • using a verbal scale related to value of LR (this will express a degree of support for one of propositions relative to alternative)
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16
Q

Describe how balance is achieved here?

A
  • findings should be evaluated given at least one pair of propositions, not just one
  • if no alternative proposition can be suggested then the value of the findings cannot be assessed
  • must state clearly that they are not reporting upon the value of the findings
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17
Q

describe how logic is achieved here?

A
  • evaluative reports should address the probability of the findings given the propositions and relevant background information
  • DO NOT TRANSPOSE THE CONDITIONAL: the probability of the propositions given the findings and background information)
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18
Q

describe how robustness is achieved here?

A
  • report can sustain scrutiny and cross-examination
  • must be based upon sound knowledge, expertise of trace types and the use of data
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19
Q

describe how transparency can be achieved here?

A
  • report should be derived from a demonstrable process in both the case file and the report
  • the report should be written in a way that:
  • easy for jury to understand
  • clear methods to follow
  • good explanation of technical background and terminology
  • unbiased and good ethical conduct
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20
Q

What does the forensic science regulator say about reporting in forensic science?

A
  • different disciplines have evolved their own way of assessing probative value and use their own terminology
  • including
  • unqualified statements of an individuals view as an expert
  • and a variety of statistical approaches
  • current guidance sets out scientific approach to evaluating observations based on published research
21
Q

what are the aims of current guidance on reporting in forensic science?

A
  • reduces variability in approaches
  • addresses the concerns of courts
  • increases transparency
  • have common terminology applicable across spectrum of forensic science disciplines
22
Q

give some example disciplines

A
  • BPA
  • DNA
  • digital
  • drug examination
  • document analysis
  • explosive
  • fingerprint comparison
  • fires
  • firearms
  • toxicology
  • trace evidence
23
Q

What is the case management framework outlined by the regulator?

A

1 - review nature of expert evidence being requested
2 - establish key issues to be addressed
3 - determine what examinations and analyses are required
4 - commissioning those examinations and analyses
5 - interpreting the observations
6 - writing a report
7 - appearing in court

24
Q

What propositions will an evaluative report generally relate to?

A
  • sub source, source, or activity level
25
Q

When should activity level propositions be used?

A
  • when considering factors such as:
  • transfer mechanisms
  • persistence
  • background levels of material which could have an impact on understanding of scientific findings
26
Q

What five conditions affect transfer amounts?

A

1 - pressure applied during contact
2 - number of contacts (six contacts between two objects should result in more transferred material than one contact)
3 - how easily the item transfers material (mud transfers more readily than concrete)
4 - form of evidence (solid, particulate, liquid or gas/aerosol)
5 - how much of the item is involved in the contact

27
Q

direct transfer

A
  • evidence that is transferred from a source to a location with no intermediates
28
Q

indirect transfer

A
  • one or more intermediate objects
29
Q

what can be said about indirect transfer?

A
  • can become complicated and poses potential limits on interpretation
  • misleading
  • no forensic scientist can tell difference between secondary and tertiary transfer
30
Q

What is second part of transfer process?

A
  • persistence
  • once evidence transfers it will remain or persist in that location until it further transfers, degrades until it is unusable or unrecognisable or is collected as evidence
31
Q

exculpatory

A
  • involving the removal of blame from someone
32
Q

What five things does evidence persistence depend upon?

A
  • what the evidence is (hair, blood, tool marks, accelerants)
  • location of evidence
  • environment around evidence
  • time from transfer to collection
  • activity of or around evidence location
33
Q

Lukis Anderson

A
  • 26 year old homeless alcoholic in San Jose
  • murder victim Raveesh Kumra was 66 year old invesstor in Monte Sereno 10 miles away
  • he was tied up blindfolded and gagged with duct tape
  • died by suffocation
  • police arrested anderson as his DNA under raveesh fingernails - charged with murder
  • he was in hospital at time of incident so couldn’t have been him
  • earlier in day anderson used oximeter in ambulance
  • same oximeter then used on raveesh
34
Q

Van Oorschot on DNA transfer

A
  • volunteers sat at table and shared jug of juice
  • 20 mins in swabs were deployed on hands, chairs, table, jug, glasses
  • jug had DNA every time
  • even though participants never touched each other, 1/3 had another DNA on their palm
  • foreign DNA profiles not matching any of drinkers - on half the chairs/glasses, and all over their hands and table
35
Q

When are source level propositions qdequate?

A
  • where there is no risk that the court will misinterpret them in the context of the alleged activities in the case
36
Q

In cases where the alternative proposition is absence (no comment), the forensic practitioner can choose one of three options:

A

1 - adopt alternative propositions that most likely and reasonably reflect the party’s position and prepare an evaluative report
- only this option leads to production of evaluative report (report must specify that any change to propositions may impact assessment of strength of forensic findings

2 - explore a range of explanations for findings and prepare, if needed an investigative report

3 - state the findings in a technical report
- report should say that in absence of alternative proposition, it is impossible to evaluate the findings

37
Q

When no proposition can be specified, the forensic practitioner should provide:

A
  • intelligence report
  • investigative report
  • technical report
38
Q

R v Weller

A
  • offence in 2006
  • peter Weller was convicted of sexual assault by penetration to a 16-year old female at a party
  • Weller took care of her after being sick and she said that Weller sexually assaulted her
  • he denied this
  • three years imprisonment
  • issue relates to expert evidence and adherence to part 33 of CPR
  • legal principles are set out in reed and reed (2009) - now over-ridden
  • concern the possibility of transfer of DNA material and the ability of experts to evaluate it
  • injuries to victims fourchette and abrasions
  • not accidental and had not been caused by infection but because something blunt had penetrated her vagina (fingers)
  • major profile was that of appellant with minor components belonging to victim
  • no challenge was made concerning collection and analysis of DNA
  • four possibilities:
  • contact with her hair
  • touching her when putting her to bed/recovery position
  • contact with vomit
  • inserting fingers into her vagina
  • now consider probability of evidence given the prosecution proposition and the information/probability of evidence given the defence proposition and the information
39
Q

Obiter Dicta

A
  • latin for “things said by the way”
  • observations by a judge or court about a point of law which may be interesting but do not form part of the decision in the case
  • an obiter dictum does not have precedential value and is not binding on other courts
40
Q

it is alleged that an offender broke a double glazed window made of two distinguishable sheets of glass denoted A and B respectively
- define propositions
- define pre-assessment
- examination
- results
- what to avoid

A
  • 2 propositions:
  • individual broke the low level double-glazed window by kicking it
  • the individual has nothing to do with the breaking nor was he near the scene
  • examiner expected under proposition 1 to recover large amount of glass fragments on garment by offender
  • only two glass fragments of one group indistinguishable from sheet A
  • forensic findings still require to be assessed in context of propositions (including the consideration of the small number of fragments associated with sheet A and the absence of any glass fragments associated with sheet B)
  • it would be misleading to adapt the propositions at activity level to a new pair of propositions at source level
  • can’t change the framing of your propositions because initial findings didn’t match your expectation
41
Q

What is SFR?

What does it allow?

A
  • streamlined forensic reporting
  • it allows investigators, scientists, prosecutors and the defence to comply with CPR in interests of justice
42
Q

What are the 7 benefits of SFR?

A
  • forensic evidence provided in an SFR format which facilitates case management and early identification of real issues in the case
  • increased early guilty plea (less officers and staff needing to attend court)
  • reduction in delays in obtaining additional forensic evidence, in circumstances where it is not needed
  • swifter resolution of cases involving forensic evidence
  • reduced forensic costs (cases are built according to requirements and not by producing unnecessary forensic evidence
  • SFR stage 1 report provides key forensic evidence in a way that makes it easily understood
  • suitable for digital transmission
43
Q

Give an example of investigative report

A
  • a body is found in side of road but it is not known if the person has died as a result of a traffic accident or an assault
  • forensic practitioner examines deceased clothes and finds red paint smears - this is communicated via an investigative report
  • police submit paint from suspect red car
  • forensic practitioner is now in position to help formulate propositions and consider his expectations (pre-assessment) before comparing recovered and control paint
44
Q

What does ENFSI say about data and expert knowledge?

A
  • data and expert knowledge is used to assess the strengths and findings and assignments of LR
  • relevant and appropriate published data will be used wherever possible
  • if not appropriate published, then unpublished sources may be used
  • personal data such as experience in similar cases and peer consultations may be used, provided that the forensic practitioner can justify teh use of such data
45
Q

What happens if LR cannot be assigned by practitioner due to lack of knowledge for example?

A
  • no appropriate evaluative assessment can be made
46
Q

What areas are categorical conclusions often expressed in?

A
  • fingerprints
  • handwriting
  • signatures
  • tool marks
  • firearms
  • footwear marks
  • sit outside ENFSI document
47
Q

What does guideline 15 of forensic science regulators guidance say on DNA mixture interpretation?

A
  • qualitative evaluations should only be presented as investigative opinions for intelligence purposes rather than evaluative opinions
  • they should not be conveyed in a way that the investigator could consider them to have evidential weight
  • this can only be determined if statistical calculation can be progressed
48
Q

What are two forms of evidence/reporting

A

categorical (fingerprints, drug test data)
evaluative (DNA, fibres, medico/legal conclusions)

49
Q

R v William Francis Jones

A
  • high level of DNA from defendant was detected on firing pin of grenade
  • defendant gave no comment during interview apart from to say he denied handling item
  • expert opinion was that DNA findings were within range of expectation if he had been in contact with it
  • joint, defence and proposition report stated it was not reasonably to expect anyone to account for way that DNA could have been transferred
  • no conclusion could be reached about likelihood of direct/indirect transfer
  • direct of transfer more probable than indirect

FSCI6120 - Advanced Topics (6 decks)

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