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Paper is ubiquitous in human activities and can be found as evidence in the commission of many crimes such as threatening letters, deceptive advertisements and counterfeiting banknotes. To link the paper evidence to a source is a comparative process that is hampered when a blank paper is compared to a paper that has been submitted to printing or other treatments such as ninhydrin for the detection of fingermarks. During a forensic investigation, printed paper is analyzed with various instruments after fingerprint examination. In this study, the effects of printing and ninhydrin treatment on forensic paper examination of grammage, thickness, fillers, and pulp composition were studied. Grammage and thickness were increased by full-page double-sided printing, and grammage depended on the type of printer. The effects of printing on the analytical data about fillers and pulp composition were negligible, and ninhydrin treatment affected only paper thickness. These minor effects notwithstanding, the results indicate that conventional analytical methods used in forensic science for examining papers can be applied. [ABSTRACT FROM AUTHOR]

Progress in DNA profiling techniques has made it possible to detect even the minimum amount of DNA at a crime scene (i.e., a complete DNA profile can be produced using as little as 100 pg of DNA, equivalent to only 15–20 human cells), leading to new defense strategies. While the evidence of a DNA trace is seldom challenged in court by a defendant's legal team, concerns are often raised about how the DNA was transferred to the location of the crime. This review aims to provide an up-to-date overview of the experimental work carried out focusing on indirect DNA transfer, analyzing each selected paper, the experimental method, the sampling technique, the extraction protocol, and the main results. Scopus and Web of Science databases were used as the search engines, including 49 papers. Based on the results of this review, one of the factors that influence secondary transfer is the amount of DNA shed by different individuals. Another factor is the type and duration of contact between individuals or objects (generally, more intimate or prolonged contact results in more DNA transfer). A third factor is the nature and quality of the DNA source. However, there are exceptions and variations depending on individual characteristics and environmental conditions. Considering that secondary transfer depends on multiple factors that interact with each other in unpredictable ways, it should be considered a complex and dynamic phenomenon that can affect forensic investigation in various ways, for example, placing a subject at a crime scene who has never been there. Correct methods and protocols are required to detect and prevent secondary transfer from compromising forensic evidence, as well as the correct interpretation through Bayesian networks. In this context, the definition of well-designed experimental studies combined with the use of new forensic techniques could improve our knowledge in this challenging field, reinforcing the value of DNA evidence in criminal trials. [ABSTRACT FROM AUTHOR]

How does organized crime affect foreign direct investment (FDI) in developing countries? Some research examines the effects of crime, such as homicide rates, on FDI. However, we know little about how organized crime in particular might affect such investment. This paper examines organized crime and FDI in Mexican states between 2000 and 2018. This case is important because Mexico is one of the top global recipients of FDI. At the same time, criminal violence has killed hundreds of thousands of people in Mexico in recent years, and scholars seek to understand the violence's wider effects. We explain how organized crime competition, as opposed to crime generally, should shape investors' decisions. Analyses using original data on criminal organization territory find that higher numbers of criminal groups are associated with lower levels of new FDI. Other measures of crime, such as homicide rates or crime rates, are not associated with foreign investment. [ABSTRACT FROM AUTHOR]

There is no doubt that the criminal judge enjoys a wide discretion when weighing the evidence and determining the extent of its strength when forming his certain conviction, whether it is related to the evidence concluded by the accusing authority or what was raised before the court in the case. However, the reader of the legal texts cited by the Palestinian legislator in procedural law that talk about the freedom of the criminal judge to be convinced; notes the extent of its generality and its lack of a general framework that shows how limited that freedom enjoyed by the judge really is. The authenticity of the case papers referred to the court, in which the minutes of collection of evidence are an essential part. From here emerged the main problem of the study, which centered on the extent of the impact of the judicial seizure reports referred to the criminal judge on his personal conviction and whether they serve as a basis for him in issuing his judgment, especially since there are some special laws that have given these records varying authority in proof. According to the nature of the crimes related to it and the limits of the jurisdiction of its organizers and the extent of their powers. After conducting an analytical comparative study of the texts of the relevant Palestinian and Lebanese laws, it appears that some of the records of collecting inferences are authoritative. Which means that this requires the court to take them unless proven otherwise, or proven to the contrary, but it is one of the records that must be worked with unless it is proven to be forged, which requires the court to take even if they violated their convictions in the case, and without the right to discuss it. There is another type of records with relative authenticity where the court is free to accept or reject them, which does not constitute a restriction on the judge’s freedom of conviction, as they are nothing more than just ordinary information, which is taken as a matter of appeal. [ABSTRACT FROM AUTHOR]

This paper analyses new fact-finding methods in criminal proceedings, using state-of-the-art innovations in neuroscience and artificial intelligence (AI). It will outline the existing methods and explain their effects. Then it will address the criminal-law aspects of the use of such methods as evidence in criminal proceedings, with an emphasis on the assessment of their admissibility from the perspective of the right to a fair trial and the privilege against self-incrimination. This topic will be observed from the perspective of US and European law, highlighting the existing jurisprudence of the European Court of Human Rights (ECtHR) and the legal standards established by the court in relation to the privilege against self-incrimination. Based on this analysis, the authors will formulate a conclusion suggesting that the use of current AI technologies should be juxtaposed to the relevant benchmark of the privilege against self-incrimination as the requisite standard of the right to a fair trial. [ABSTRACT FROM AUTHOR]

Although the adversarial principle is specific to the phase of preliminary chamber and the trial phase, there are situations in which this general principle of law is also applicable to the criminal prosecution phase. This paper proposes to capture the applicability of art. 100 CPA, by reporting the possibility of the suspect or the defendant to propose the administration of evidence during the criminal prosecution phase. We will dissect the issue of the administration of evidence at the request of the suspect or the accused in the criminal prosecution phase, taking into account the provisions of the criminal procedure code, but also the European provisions applicable to the topic tackled here. [ABSTRACT FROM AUTHOR]

Likelihood ratios (LRs) are a useful measure of evidential strength. In forensic casework consisting of a flow of cases with essentially the same question and the same analysis method, it is feasible to construct an 'LR system', that is, an automated procedure that has the observations as input and an LR as output. This paper is aimed at practitioners interested in building their own LR systems. It gives an overview of the different steps needed to get to a validated LR system from data. The paper is accompanied by a notebook that illustrates each step with an example using glass data. The notebook introduces open-source software in Python constructed by NFI (Netherlands Forensic Institute) data scientists and statisticians. [Display omitted] • We present a procedure to transform raw data into a validated LR system for forensic casework. • Follow 8 easy-to-understand steps, each illustrated with forensic example data. • Technical details and current debates are explained in an appendix. • Explore LiR, the Python-based open-source library for LR calculations, through an accompanying notebook. • Build your own LR system using your data with this comprehensive set of tools!. [ABSTRACT FROM AUTHOR]

The aim of the study was to assess the usefulness of analysing visual material in a 3D environment when examining spatial interrelations between the incident participants, tools, and space surrounding the incident site. Such analysis may provide information about the trauma mechanism, which may lead to the determination of probable events. This paper points to the potential of conducting research under 3D environment conditions on the example of a specific criminal incident—a suspected homicide. The aim of the study was to identify possible circumstances of the events with particular emphasis on the mechanism of death and the involvement of third parties. It was performed a comprehensive 3D reconstruction of the elements of the incident using different sources and forms of evidence, and consequently also different imaging, analysis, and synthesis technologies. The resulting 3D reconstruction and animation of the possible events serve to verify the investigative hypotheses. The paper combines a technical description of the research methodology with a forensic commentary, which ultimately creates an integral synthesis of the medicolegal assessment for trial purposes, while presenting the effectiveness of the research methods used. To sum up, the paper presents an experiment carried out under virtual conditions, impossible to execute under real conditions but critical for trial case analysis. • 2D and 3D image recording as material for medico-legal assessment. • 3D reconstruction and synthesis on physical as well as archival visual material. • Effectiveness of 3D reconstruction and the quality of evidence. [ABSTRACT FROM AUTHOR]

Fingermarks and DNA are valuable traces in forensic investigations potentially allowing for the identification of the source of the trace or highlighting a link between a touched object and an individual. These traces are often latent and need to be detected before recovery. While a number of validated methods exist for fingermark detection, no routine method is in place for the detection of DNA. This study investigates the use of pdimethylaminobenzaldehyde (DMAB) in conjunction with indanedione zinc (IND-Zn) for the detection of latent cellular material and fingermarks on paper. The aim of this proof-of-concept study is to determine the successfulness of this reagent (DMAB-IND) in the detection of the respective traces and observe the impact it has on the resulting DNA profile. It was found that latent fingermarks and the associated cells could be visualised following treatment with the reagent. Samples treated with DMAB-IND showed a significantly higher percentage of alleles called compared to IND-Zn-treated and untreated samples due to the targeted recovery of cells. However, the reagent appears to degrade DNA at a rapid rate, requiring the treated samples to be processed for DNA on the day of treatment. [ABSTRACT FROM AUTHOR]

This paper describes the role of family violence expert evidence and argues for the need for adequately trained and experienced specialists to provide that evidence within the criminal jurisdiction of the District Court and High Court in Aotearoa New Zealand. Court processes for the criminal jurisdiction were reviewed to consider the roles and the requirements of expert witnesses in cases of family violence. Given the lack of expert witness training in Aotearoa New Zealand, components of best practice in other jurisdictions, including examples of international expert witness skills and knowledge were sought. Unique skills and experience are necessary for an accurate description of a history of family violence. Experience working with survivors and offenders provides an understanding of the nature and dynamics of violence experienced within a relationship and allows experts to address myths and misconceptions, particularly in relation to the effective nature of the current family violence safety system. Without a contemporary, comprehensive understanding of family violence across police prosecution, judges and lawyers, expert evidence from trained and experienced specialists is required. To enhance the educative role of family violence expert evidence, such evidence should be called by the Court. [ABSTRACT FROM AUTHOR]

Execution of evidence using witnesses consists of hearing (examining) witnesses, i.e. taking testimonies from witnesses. Witnesses represent the most commonly used evidence and their testimony, regardless of all shortcomings that follow this evidence, is very important and still irreplaceable evidence in criminal proceedings. The court can only base its decision on true testimony. The witness is obliged to make a true testimony. Giving false testimony (perjury) is a criminal offense. However, certain shortcomings and errors in processes that make a testimony, as well as the way “taking” testimony from witnesses, can lead to perjury. The wrongful testimony is not perjury, nor is the wrongful testimony a criminal offense. In order to make the difference between perjury and wrongful testimony even clearer, the author will first define what is testimony and explain its structure from the judicial-psychological aspect, and then point to the difference between perjury and wrongful witness testimony in criminal proceedings. [ABSTRACT FROM AUTHOR]

In the current context of intense fight against corruption, with the Public Ministry playing a central role in criminal prosecution, it is important to know the activities developed by the institution. Knowledge of business, finance and equity is relevant for this subject since these fields allow for seeking evidence of criminal practices typically performed by accounting experts. As such, this paper analyzes the perception of public prosecutors assigned to Operation Car Wash, Curitiba nucleus, regarding the quality of products prepared by the accounting experts of the Federal Public Prosecutor's Office (MPF). The methodology used was an eightquestion survey by MPF members using descriptive statistics for analysis and comparison with other results. The results indicated superior quality of the produced reports, corroborating previous studies and stressed the need for training and purchase of intelligence software to assist experts and other researchers. The study highlights the possibilities of improving the work of experts and describes limitations and suggestions for future research. [ABSTRACT FROM AUTHOR]

Although the rules governing police interviews with suspects in custody have been well regulated since the introduction of the Police and Criminal Evidence Act 1984 (PACE) in England and Wales and Northern Ireland, concern has been expressed over the years about the vulnerable position of young suspects within the PACE regime and about the adequacy of the safeguards provided. This paper discusses the nature of police interviews with young people in Northern Ireland, drawing on the findings of a recent research project. The paper focuses particularly on the roles of the various participants (the interviewing officer(s), the appropriate adult and the solicitor) within the dynamics of advising young persons before and during the police interview and calls for a reconstruction of the role of the appropriate adult. [ABSTRACT FROM AUTHOR]

The neuroscience revolution poses profound challenges to current self-incrimination doctrine and exposes a deep conceptual confusion at the heart of the doctrine. In Schmerber v. California, the Court held that under the Self-Incrimination Clause of the Fifth Amendment, no person shall be compelled to "prove a charge [from] his own mouth," but a person may be compelled to provide real or physical evidence. This testimonial/physical dichotomy has failed to achieve its intended simplifying purpose. For nearly fifty years scholars and practitioners have lamented its impracticability and its inconsistency with the underlying purpose of the privilege. This Article seeks to reframe the debate. It demonstrates through modern applications from neuroscience the need to redefine the taxonomy of evidence subject to the privilege against self-incrimination. Evidence can arise from the identifying characteristics inherent to individuals; it can arise automatically, without conscious processing; it can arise through memorialized photographs, papers, and memories; or it can arise through responses uttered silently or aloud This spectrum--identifying, automatic, memorialized, and uttered--is more nuanced and more precise than the traditional testimonial/physical dichotomy, and gives descriptive power to the rationale underpinning the privilege against self-incrimination. Neurological evidence, like more traditional evidence, may be located on this spectrum, and thus doctrinal riddles of self-incrimination, both modern and ancient, may be solved. [ABSTRACT FROM AUTHOR]

The author comments on the paper "The Structure and Logic of Proof in Trials" by Peter Tillers. He emphasizes the importance of methodological pluralism. He discusses the book "Criminal Evidence." He considers the need to reform social institutions by enhancing the rationality and justice of human decision making.

The paper analyzes prohibitions regarding the use of evidence ("exclusionary rules") in German law. In the introduction, the theoretical foundations, based on Beling's doctrine of the "prohibitions on evidence", are explained. Then, the concept of prohibitions on evidence is defined and the existing prohibitions are systematized (1.). Next, a distinction between explicit and implicit prohibitions (based on constitutional law) is proposed, and both are explained in detail (2. and 3.). Finally, the possibility of an extensive effect ("fruit of the poisoned tree") of these prohibitions is discussed (4.). [ABSTRACT FROM AUTHOR]

DNA evidence is a powerful investigative tool, able to incriminate as well as exculpate. Yet, increasingly common portrayals of DNA as being able to solve crimes almost instantaneously, beyond any doubt, even from 'beyond the grave', may overstate the degree to which DNA currently assists in criminal investigations. Strong government support, and financial investment in the DNA Expansion Programme, have been bolstered by repeated legislative extensions of police powers to obtain and retain DNA samples. Despite this, DNA evidence remains marginal in terms of assisting with overall criminal detections and experts now suggest that the massive National DNA Database expansion has not resulted in the improvement in detection rates originally anticipated. This paper also suggests potential concerns over the 'tactical' use of DNA evidence during suspect interviews, and the risk of abbreviated police investigations. Insufficiently forensically aware' police officers may resort to DNA evidence in lieu of proper detective work, with literature on 'case construction' informing analysis of potential pitfalls of early reliance on DNA results, which may increase the risk 'tunnel vision' in criminal investigations. [ABSTRACT FROM AUTHOR]

This paper presents a prepare-and-measure scheme using N-dimensional quantum particles as information carriers where N is a prime power. One of the key ingredients used to resist eavesdropping in this scheme is to depolarize all Pauli errors introduced to the quantum information carriers. Using the Shor-Preskill- type argument, we prove that this scheme is unconditionally secure against all attacks allowed by the laws of quantum physics. For N = 2n > 2, each information carrier can he replaced by n entangled qubits. In this case, there is a family of eavesdropping attacks on which no unentangled-qubit-based pre- pare-and-measure (PM) quantum key distribution scheme known to date can generate a provably secure key. In contrast, under the same family of attacks, our entangled-qubit-hased scheme remains secure whenever 2n ≥ 4. This demonstrates the advantage of using entangled particles as information carriers and of using depolarization of Pauli errors to combat eavesdropping attacks more drastic than those that can be handled by unentangled-qubit-base-prepare- and-measure schemes. [ABSTRACT FROM AUTHOR]

Fighting crime in cyberspace requires law enforcement authorities to immerse in a digital ocean of vast amount of information and also to acquire and objectify the evidence of criminal activity. Handling digital evidence is a complex and multifaceted process as they can provide critical evidentiary information in an unquestionable and irrefutable way. When digital evidence resides in a cloud storage environment the criminal investigation is faced with unprecedented contemporary legal challenges. In this paper, the authors identify three main legal challenges that arise from the current cloud-based technological landscape, i.e., territoriality (the loss of location), possession (the cloud content ownership) and confiscation procedure (user authentication/data preservation issues). On the onset of the identified challenges, the existing American, European and International legal frameworks are thoroughly evaluated. Finally, the authors discuss and endorse the Power of Disposal, a newly formed legal notion and a multidisciplinary solution with a global effect as a result of collaboration between technical, organizational and legal perspectives as an effective first step to mitigate the identified legal challenges. [ABSTRACT FROM AUTHOR]

Latent fingerprints are considered as one of the important evidences obtained from the site of crime. The process of developing, acquiring, processing and matching of latent fingerprints is different from the inked or live-scan fingerprints. Automated identification of latent fingerprints is still in its nascent phase when compared with the Automatic Fingerprint Identification System (AFIS) used by the police department. This paper provides an extensive review of the work done by eminent researchers in the development of an automated latent fingerprint identification system. [ABSTRACT FROM AUTHOR]