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The article presents information on examination of papers in questioned documents. The tests used in the scientific examination of questioned documents are many and varied. One examination may concern a specimen of typewriting and the determination of the make and model and perhaps the year of manufacture of the typewriter. The tests used to establish this involve the precise measurement of the shape and size of the letters, and their comparison with known standards. The problem may involve deciding whether two samples of handwriting were made by the same person. One of the most important matters is that involving the establishment of the difference or identity of two or more samples of paper stock. Tests were performed with the Herzberg and the Lofton Merritt stains. Small samples were cut out for this experiment. This would not necessarily be required as the procedure can readily be modified to be used as a spot test on the original sheet. This technique proves to be quite valuable as a corroborating demonstration that specimens of paper from questioned documents are either similar or dissimilar.

This article investigates the comparison of ink writing on documents by means of paper chromatography. The examiner of questioned documents is frequently faced with a problem involving ink. Ink identification has many facets, and the problems which arise may have many forms which may require different approaches to a solution. Among document examiners it is generally understood that ink is usually a multicomponent mixture possibly containing a permanent factor such as iron gallotannate or carbon and one or more dyes to give desired color effects. In modern inks, the variety of colors or dyes which may appear in a particular ink is sometimes surprising especially with washable and permanent blacks. In the examination of questioned documents it is often necessary to investigate the properties of the ink used in the writings on the document. One of the purposes of such investigations is to determine whether or not two writings were made with similar or different inks. Chemical methods of analysis differentiate the inks into types depending upon the presence or absence of metallic salts, reaction with acids, bases, and oxidizing and reducing agents. These methods seldom differentiate between two inks of the same type; therefore, unless the tested inks are of different types or differ in their metallic contents, the results are often inconclusive. Chemical methods have the disadvantage of being difficult to demonstrate in court and of exposing the document to the risk of accidental damage from chemical reagents.

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]

The evolution of digital technology has revolutionized the landscape of criminal investigations and legal proceedings. This paper delves into the nuanced realm of evidence, with a particular focus on digital evidence, which has become increasingly prevalent in today's digital age. The proliferation of digital information presents both opportunities and challenges for the field of criminal procedure. Recognizing the growing importance of electronic evidence in criminal investigations, the Commission has taken proactive measures to streamline the process of obtaining such evidence. New rules have been introduced to facilitate the acquisition of electronic evidence by judicial authorities. Among these rules are provisions for the creation of a European Evidence Production Order and a European Preservation Order specifically tailored for electronic evidence in criminal cases. Furthermore, providers of electronic services operating within the European Union are now required to appoint a legal representative, further enhancing the accessibility of electronic evidence for legal proceedings. Despite these advancements, the utilization of digital evidence raises complex legal questions and challenges. This paper critically examines the various implications associated with the use of digital evidence, shedding light on issues such as authenticity, admissibility, and the preservation of digital evidence. By analyzing these aspects in depth, the paper aims to provide insights into the multifaceted nature of digital evidence and its implications for criminal procedure. In addition to addressing legal complexities, the paper also seeks to establish a foundational understanding of digital evidence by providing basic definitions and classifications. By elucidating the diverse sources and forms of digital evidence, ranging from emails and transaction records to video recordings and metadata, the paper lays the groundwork for a comprehensive understanding of this evolving field. In conclusion, this paper serves as a comprehensive exploration of the role of digital evidence in contemporary criminal investigations and legal proceedings. [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]

Although the relationship is complex, there is an association between alcohol use and offending behavior with an interplay between the amount drank, the pattern of drinking and individual and contextual factors. Alcohol brief interventions have been shown to be effective in primary healthcare, however there is currently a lack of compelling evidence in the criminal justice system. We carried out a rapid systematic review of the literature, which updated our review conducted in 2016. Following systematic searches, we included 36 papers on prevalence and 13 papers on effectiveness. Between 26 and 88%of individuals in the policy custody setting scored positive for an alcohol use disorder. In the magistrates court this was 95%; 31-86% in the probation setting and between 19 and 86%in the prison system. In relation to probable dependence, between 21 and 38% of individuals were shown to have probable alcohol dependence in the police custody suite setting; 39 per cent in the magistrate court system; 17-36%in the probation setting and between 18 and 48% in the prison system. This compares to 6% in the general population. We included 13 studies of effectiveness with differing outcome measures and outcomes. We conclude more studies are needed in the field to develop the current evidence base. [ABSTRACT FROM AUTHOR]

The rapid expansion of information technology in recent decades has deeply influenced various societal domains, including the legal landscape. This impact is particularly notable in substantive criminal law, where new phenomena have emerged, and in criminal procedural law, where innovative tools have been introduced to facilitate the gathering of essential information for fair and efficient legal processes. Among these tools, modern recording technologies, encompassing visual, audio, or audiovisual formats, have gained prominence for their role in documenting events and serving as evidence in criminal proceedings. Governed by legal frameworks such as Article 10(21) of the Code of Criminal Procedure, these recordings are classified as information and technical means when meeting specified criteria, primarily serving as crucial evidence sources capturing sound, images, or their combination. However, challenges arise when parties involved in criminal proceedings independently procure such recordings, aiming to present them to law enforcement or the court discreetly and confidentially. This necessitates a clear differentiation between recordings obtained within the procedural framework, regulated by Article 114 of the Code of Criminal Procedure, and those obtained externally. Establishing such distinctions is pivotal for upholding the integrity and legality of evidence presented in criminal proceedings, ensuring fairness and transparency in the pursuit of justice. In this paper we will analyze the concepts of inadmissibility and legality of evidence in the context of criminal proceedings. The aim is to highlight their interrelation and to distinguish their key aspects. The focus will be on the issue of private recordings as evidence. We will analyse the conditions under which a private recording can be used as evidence in criminal proceedings. We will take into account the relevant case law of the courts and the European Court of Human Rights. This paper comprehensively analyses the issue of admissibility and legality of evidence in criminal proceedings, with particular emphasis on private recordings as evidence. The paper should provide a comprehensive overview of the issue and help in solving practical questions that arise in this context. [ABSTRACT FROM AUTHOR]

Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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]

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]

The article deals with the regulations related to the questioning of a person, its similarities, and differences with the interrogation of a witness in court in accordance with the Criminal Procedure Code of Georgia. The author presents the problems that arise in the practical application of legal norms related to the questioning of a person. This often becomes the basis for delaying the investigation and, in general, harms the justice process. The paper discusses ways to solve the problems presented. To better present the problems discussed in the article, hypothetical examples are offered that will help the reader get a clear idea of the existence of possible negative factors during the application of the norms under discussion in practice. It will assist us in studying the mentioned issue by comparing the issue under consideration with the procedural rules of interrogating the witness standing close to it. Also, an analysis of the legal framework of foreign countries regarding witness interrogation procedures is presented, which will help us identify the problem and find solutions. [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]

This paper analyzes crime as a function of the interaction between offenders and victims. I study robbery of bus drivers, a crime that remains common in cities throughout the world. Exploiting the timing of a Chilean public transportation reform and detailed administrative data, I show how victims' propensity to resist an attack can alter the level and nature of criminal activity. I also find a large decline in crime after the implementation of a technological innovation that eliminated cash transactions on buses. My results suggest a strong relationship between victim incentives, cash, and crime. [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]

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]

Copyright of Journal of Forensic Medicine / Fayixue Zazhi is the property of Journal of Forensic Medicine Editorial Office and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Establishment of the European Public Prosecutor's Office is a result of the European Union's initiatives as a consequence of the fraud against its financial interests. Many questions beg consideration at the EU level as well as at national level of all EU Member States, including the Slovak Republic. The aim of the paper is the assessment of Slovak understanding of the European Public Prosecutor's Office. The article's focus comprises five crucial issues that need to be resolved in Slovakia. The first section points out at the process of adoption and implementation of the European Public Prosecutor's Office. Consequently, the following section tackles with the question whether the European Public Prosecutor's Office could be considered a law enforcement authority at national level. The third section is focused on number of the European delegated prosecutors and related competence and jurisdiction. While the fourth section is focused on the execution of evidence in criminal proceedings, the fifth section is focused on application of mutual recognition. At the outset of the contribution, the historical method of research was used, namely in regard to the genesis of the EPPO. The most frequently used method was the analytical method of research. This method was used in regard to the analyses and assessments of literary sources, legislation and implementation of electronic monitoring. Another frequently used method was the comparative method of research. Further, the synthetic method of research was used. Information gathered in order to elaborate the contribution was collected in particular through the three following gathering techniques. The first data gathering method was the review of scientific literature; the works of renowned authors was analysed. The second data gathering method was access to legislation. It should be highlighted that not only consolidated legislation was used, but also original versions were analysed, in particular in the case of historical issues. Third, research into official documents of European organisations was conducted, in particular documents of the European Union. [ABSTRACT FROM AUTHOR]

In this paper, I have two primary goals. First, I show that the causal-based story approach in A hybrid formal theory of arguments, stories and criminal evidence (or Hybrid Theory, for short) is ill suited to negative (or absence) causation. In the literature, the causal-based approach requires that hypothetical stories be causally linked to the explanandum. Many take these links to denote physical or psychological causation, or temporal precedence. However, understanding causality in those terms, as I will show, cannot capture cases of negative causation, which are of interest to the Law. In keeping with this, I also discuss some of the difficulties Hybrid Theory invites by remaining silent on the nature of the causal links. In my second aim, I sketch a way for Hybrid Theory to overcome this problem. By replacing the original, underlying causal structure with contrastive causation in the law, Hybrid Theory can represent reasoning in which the evidence that is appealed to is causally linked via negative causation to the explananda. [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]

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Amauta 'Todo lo Humano es Nuestro' is the property of Universidad del Atlantico and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

DNA has long been considered the gold standard of forensic evidence, heralded for its ability to exonerate the innocent and convict the guilty. But this new generation of DNA evidence is far from its established predecessor -- both in the quality of the evidence collected and the clarity of what is presented in court. With new highly sensitive technology, tiny amounts of DNA, often just a few cells, are now collected at crime scenes. This DNA was left on objects by someone who touched an object, or by someone who touched or was touched by someone who then touched the object, or even further removed. In other words, cells travel and can be easily transferred to an object without the person who was the source of that DNA ever having come into contact with the object. But this is only the beginning of the difference. These crime scene samples often contain multiple people's DNA, and there is degraded and missing information. The samples are incomplete and mixed together. In order to give some evidentiary weight to these complicated and incomplete mixtures, crime labs are turning to something called probabilistic genotyping. These computer programs generate something called a likelihood ratio. These likelihood ratios purport to express the probabilistic relationship between two hypotheses, the hypothesis that the suspect is in the DNA sample compared to the hypothesis that the suspect is not included in the sample. In this paper, I first explain what a likelihood ratio is, how it is generated, and some of the fundamental problems with the evidence. Then I turn to an analysis of the propriety of this evidence in criminal trails. It is my position that because likelihood ratios can only be generated by first presuming guilt (inclusion), they undermine the presumption of innocence, and that, by weighing these hypotheses equally, they water down the burden of proof beyond a reasonable doubt in a criminal trial. This is complicated by the sheer power of the DNA moniker and opacity of the numbers generated. [ABSTRACT FROM AUTHOR]

The formation of the personal conviction of the criminal court judge on which the judicial judgment is based has become closely linked to the results of modern scientific evidence. Among the most important of these is DNA profiling, which has been used in many areas of life, especially in the field of criminal evidence. This paper addresses DNA profiling in terms of the extent to which it is considered a scientific evidence that forms the conviction of the criminal court judge in building his judgements and how the Algerian legislator has dealt with this issue. This is done by explaining the concept of DNA profiling, its importance and advantages, and by studying the evidentiary value and the persuasive power of DNA profiling to convince the criminal court judge. The paper also looks into the extent of its legality in the Algerian legislation, which addressed it in the Penal Code and the Code of Criminal Procedure, and Law No. 16-03 of June 19, 2016, relating to the use of DNA in judicial procedures and the identification of persons. This requires a more accurate and detailed explanation and sufficient clarification. DNA profiling surpasses much of the scientific evidence, given its advantages. Despite the fact that DNA sampling is considered to be an infringement of personal rights and freedoms, most sets of legislation have called for the adoption of it, similar to the Algerian legislator, which did not explicitly provide a legal text for this technology until recently through Law 16-03. Nor should it be used as the only conclusive evidence of the perpetration of a crime, because it is subject to environmental and human influences and because of the fact that the Algerian legislation has not made DNA profiling technology an exceptional scientific evidence with a special advantage over other remaining evidence. This is also because the Algerian legislation has left the matter of its assessment up to the extent of the criminal court judge’s conviction regarding this, whilst taking into account other evidence and the conditions and circumstances of the crime.

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.

This paper presents a theory of reasoning with evidence in order to determine the facts in a criminal case. The focus is on the process of proof, in which the facts of the case are determined, rather than on related legal issues, such as the admissibility of evidence. In the literature, two approaches to reasoning with evidence can be distinguished, one argument-based and one story-based. In an argument-based approach to reasoning with evidence, the reasons for and against the occurrence of an event, e.g., based on witness testimony, are central. In a story-based approach, evidence is evaluated and interpreted from the perspective of the factual stories as they may have occurred in a case, e.g., as they are defended by the prosecution. In this paper, we argue that both arguments and narratives are relevant and useful in the reasoning with and interpretation of evidence. Therefore, a hybrid approach is proposed and formally developed, doing justice to both the argument-based and the narrative-based perspective. By the formalization of the theory and the associated graphical representations, our proposal is the basis for the design of software developed as a tool to make sense of the evidence in complex cases. [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]

Offering a bribe is generally thought of as giving something of value with corrupt intent to influence an action of a civil servant in his official capacity. This act can be accomplished physically or verbally hiding behind elaborate code words built in socio-pragmatic norms specific to a given community so that they can easily mislead those outside the transaction. The present paper approaches this offence from two perspectives: legal and pragmatic. It shows how it has been perceived in criminal laws and how it is realized through socio-linguistic expressions which can potentially be understood by the interactants as signs of offering bribes. The study is guided by two research questions: Are there linguistic expressions from which the speakers of Iraqi Arabic can typically infer that the speaker is offering bribes? And what insights can the pragmatic analysis offer the judge or trier of facts in evaluating the evidence on this offence? The major argument in the present paper is that the linguistic evidence can have no less evidentiary value in detecting the corrupt intent of bribery than the circumstantial evidence.

When new forensic evidence becomes available after a conviction there is no systematic framework to help lawyers to determine whether it raises sufficient questions about the verdict in order to launch an appeal. This paper presents such a framework driven by a recent case, in which a defendant was convicted primarily on the basis of audio evidence, but where subsequent analysis of the evidence revealed additional sounds that were not considered during the trial. The framework is intended to overcome the gap between what is generally known from scientific analyses and what is hypothesized in a legal setting. It is based on Bayesian networks (BNs) which have the potential to be a structured and understandable way to evaluate the evidence in a specific case context. However, BN methods suffered a setback with regards to the use in court due to the confusing way they have been used in some legal cases in the past. To address this concern, we show the extent to which the reasoning and decisions within the particular case can be made explicit and transparent. The BN approach enables us to clearly define the relevant propositions and evidence, and uses sensitivity analysis to assess the impact of the evidence under different assumptions. The results show that such a framework is suitable to identify information that is currently missing, yet clearly crucial for a valid and complete reasoning process. Furthermore, a method is provided whereby BNs can serve as a guide to not only reason with incomplete evidence in forensic cases, but also identify very specific research questions that should be addressed to extend the evidence base and solve similar issues in the future. [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]

The amount of data stored on computers is growing rapidly every year, which makes time-consuming investigation of digital evidence in cybercrime, because of the need to investigate a large amount of data and extract criminal evidence from it. Expert investigation begins with the collection, copying and authentication of each content on the digital medium. The following steps deal with the findings and extract evidence of crime using a variety of methods and tools. Our research deals with the frameworks, methods, models and tools of the search for digital evidence of cybercrime. However, there is as yet no specialized method and tool available to assist an expert in reducing the size of investigated data and to solve the problem of searching for and identifying digital evidence of cybercrime due to the lack of specialized tools and techniques to automate expert investigation. In this paper we propose cybercrime forensic investigation tool based on the digital evidence object model. [ABSTRACT FROM AUTHOR]

Copyright of IDP: Revista de Internet, Derecho y Politica is the property of Universitat Oberta de Catalunya and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

forensic science and forensic statistics become increasingly sophisticated, and judges and juries demand more timely delivery of more convincing scientific evidence, crime investigation is becoming progressively more challenging. In particular, this development requires more effective and efficient evidence collection strategies, which are likely to produce the most conclusive information with limited available resources. Evidence collection is a difficult task, however, because it necessitates consideration of: a wide range of plausible crime scenarios, the evidence that may be produced under these hypothetical scenarios, and the investigative techniques that can recover and interpret the plausible pieces of evidence. A knowledge based system (KBS) can help crime investigators by retrieving and reasoning with such knowledge, provided that the KBS is sufficiently versatile to infer and analyse a wide range of plausible scenarios. This paper presents such a KBS. It employs a novel compositional modelling technique that is integrated into a Bayesian model based diagnostic system. These theoretical developments are illustrated by a realistic example of serious crime investigation. [ABSTRACT FROM AUTHOR]

This paper deals with the issue of "reliability" in the criminal justice process, and the rising number of wrongful convictions that have been identified in recent years. Using modern evidentiary techniques, a rising number of individuals have been found "innocent" of the crimes for which they have been convicted. These instances of wrongful conviction have involved individuals who spent time on death row, awaiting execution, only to be completely exonerated. There are various reasons for these wrongful convictions, including prosecutorial misconduct and systemic failures such as inadequate indigent representation. This paper focuses on another systemic failure: difficulties with the confessions process that lead to invalid confessions. [ABSTRACT FROM AUTHOR]

Copyright of Revista de la Facultad de Derecho y Ciencias Políticas is the property of Revista Faculdad de Derecho y Ciencias Politicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Consideration of a wide range of plausible crime scenarios during any crime investigation is important to seek convincing evidence and hence to minimize the likelihood of miscarriages of justice. It is equally important for crime investigators to be able to employ effective and efficient evidence-collection strategies that are likely to produce the most conclusive information under limited available resources. An intelligent decision support system that can assist human investigators by automatically constructing plausible scenarios, and reasoning with the likely best investigating actions will clearly be very helpful in addressing these challenging problems. This paper presents a system for creating scenario spaces from given evidence, based on an integrated application of techniques for compositional modelling and Bayesian network-based evidence evaluation. Methods of analysis are also provided by the use of entropy to exploit the synthesized scenario spaces in order to prioritize investigating actions and hypotheses. These theoretical developments are illustrated by realistic examples of serious crime investigation. [ABSTRACT FROM PUBLISHER]

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]

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]

The Art. in question is dedicated to the specificity of detecting the evidence of an offence and its prosecution, patcilularly reffering to the organised illegal migration, both from the point of view of criminal science and from the point of view of the criminal lawsuit. The subject under investigation here is both practically and legislatively sensitive. The aim of the research is to establish and elucidate the legal interactios, as well as to develop a practical algorithm for law enforcement authorities to detect evidence of organised illegal migration. The study comes with recommendations for law enforcement and prosecution bodies applicable both to the stage of establishing reasonable suspicion of commiting the crime of organised illegal migration and to the stage of criminal prosecution initiation. At the same time, we aim at pointing out those features of the initial actions of the law enforcement bodies to which attention should be drawn and the indicated actions should be carried out in order to decide whether or not the conditions of the specified crime are met. The research comes up with findings, recommendations and proposals of lex ferenda, in order to reach the top effectiveness of the organised illegal migration investigation, implicitly that the investigating and prosecuting authorities detect the evidence of organised illegal migration crime within a reasonable extend of time and expeditiously start the prosecution, with respect to the principle of formality of the criminal process. [ABSTRACT FROM AUTHOR]

In Pakistan's criminal justice system, forensic evidence is crucial since it can be used to prove guilt or innocence and identify committers. But there are a number of problems and difficulties with the admissibility of forensic evidence in Pakistan. This article examines the use of forensic evidence in Pakistani criminal justice as well as the problems and difficulties with its admission. The article also examines the advantages and breaches of fundamental rights connected to the gathering and application of forensic evidence. Finally, it draws attention to the flaws in Pakistan's forensic apparatus, including insufficient funding and resources, poor forensic expert training and education, poor coordination and collaboration, a lack of standardization and accreditation, and insufficient use of innovative technologies and methods. [ABSTRACT FROM AUTHOR]

In murder cases, the body of the deceased has practical importance in the criminal investigation of a death. This comparative study considers the position held in legislation concerning the protection of the corpse as an investigation tool. Such protection may relate to the objective protection of the corpse, or to procedural protection aimed at regulating the procedures that must be followed during the examination of the body. The protection must also take into account the body's right to privacy, including the value it carries for the deceased's family and loved ones. [ABSTRACT FROM AUTHOR]

The article describes the current legal status of the polygraph examination method in the context of expert evidence in criminal proceedings in the Czech Republic, England, and Wales, with a focus on the method of language interpretation. The aim of the article is to provide a description of the existing knowledge as well as the valid and effective legislation and case law in the field of expert proof in criminal cases. The basic research design is to use the language interpretation method to describe the current law and the case law of the Polygraph Examination Method, considering the Guideline for Evaluative Reporting in Forensic Science (2015) and guidelines for best practice in forensic science and the European Network of Forensian Science Institutes (ENFSI) for expert assessment of forensic sciences. [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]

Digital forgery is increasing day by day due to the increase in the usage of digital media files and the ease of editing media files. But digital media editing is a serious issue, as digital media are the primary source of evidence for criminal cases in the courtrooms. Consequently, there is an urge to detect and localize forgeries in digital media to aid digital forensics. The main aim of the proposed work is to detect forgeries in digital images. Image splicing forgery involves copying an image region from one image and pasting it into another image. A deep learning-based technique is proposed to detect image splicing forgery. A pre-trained deep Convolution Neural Network is transferred for the proposed application. The network is trained using spliced and original images to adapt it to the image splicing detection problem. The layers in the network are modified and fine-tuned to make it perform well for the new unseen dataset. This re-designed convolution network discriminates spliced and original images accurately. Also, the proposed work locates the spliced image regions if both the source and spliced images are provided as input image pairs. The proposed work is tested on CASIA and Columbia splicing image datasets and achieved good results. [ABSTRACT FROM AUTHOR]