INTRODUCTION
In modern society, the increasing difficulty of solving cases has been compounded by evolved criminals who outsmart the system. Forensic accounting, or even a plain old confession, won’t necessarily help solve the case. Forensics has become a crucial part of the investigative procedure in any country, as specific methods of science are applicable in any court of law. In this article, we discuss what forensic sciences entail and how their role has changed throughout the years, including their subsections relevant to the legal aspects and obstacles in their application.
WHAT IS FORENSIC SCIENCE?
Forensic science is the knowledge and application of technology in solving criminal cases by the police. This term also refers to investigative knowledge that assists in recovering evidence at a crime scene. A forensic investigator is what one calls a person with knowledge of solving crimes through technological means. The way they hear information is unlike what an ordinary person would describe, as it is more complex.
HISTORICAL BACKGROUND
The application of scientific methods to criminal investigations might seem new, but it has roots that are centuries old. Ancient civilisations practised a crude form of forensics since they diagnosed wounds to determine the cause of death. “The contemporary world saw the beginnings of forensic science in the 19th century with the introduction of fingerprinting in Europe, through which law enforcement agencies started to identify people using the unique features of their fingerprints”[1].
“A key development came in the 1980s when Sir Alec Jeffreys introduced DNA profiling.”[2] This invention enabled scientists to link biological samples, such as blood or spit, to particular people with extreme precision. Forensic science has become a fully developed, integrated discipline in the years since.
MAJOR BRANCHES OF FORENSIC SCIENCE
- DNA and Biological Analysis: DNA testing is one of the most discussed and reliable methods used by forensic scientists to relate evidence to a “sample” bioindividual. “The biosamples from which DNA can be acquired for forensic analysis include, but are not limited to, blood, hair, saliva, and skin cells, and can also be from many other biological samples”[3].
- Fingerprint Analysis: No two humans have the same fingerprint. Forensic analysts or scientists retrieve fingerprint evidence from surfaces at crime scenes left behind, but there is no single way to identify prints left behind by a suspect until they have a controlled comparison.
- Ballistic and Firearm Analysis: This category of forensic science entails the examination of firearms, bullets, and gunshot wounds. “Forensic scientists are usually able to identify the type of firearm used in a shooting event, the distance from which it was fired, and usually if there was a firearm used in the commission of a crime”[4].
- Forensic Pathology: Forensic pathology deals with dead individuals. The main purpose of forensic pathology is to determine the cause and manner of death, like: homicide, suicide, accident, undetermined, etc. “Forensic pathologists perform autopsies and, on occasion, work in conjunction with law enforcement agencies examining suspicious or unsubstantiated reasons of death[5]”.
- Digital Forensics: The world has become more digital, and there is a wide array of evidence that can be found in a digital form. Digital forensic examiners can recover deleted digital information, deconstruct emails, link messaging between suspicious entities, and even trace online activity related to a criminal act.
- Forensic Anthropology and Odontology: Anthropologists can use skeletal remains to provide information about age, sex, trauma, etc. Forensic odontologists can identify unknown deceased individuals by linking dental records.
- Trace Evidence and Toxicology: Small evidence, like hair, fibres, or paint fragments, can be vital in solving a case. Toxicologists study the presence of chemicals, drugs, or poisons in the body.
HOW FORENSICS HELPS IN A CRIMINAL TRIAL
Evidence Collection: The crime scene will have forensic scientists/gatherers taking samples of blood, fingerprints, hairs, etc., and potentially samples from digital devices. “This is done using a strict chain of custody to show they didn’t contaminate the evidence, and it is identified and tracked to the specific crime”[6].
Examination of Evidence: At the laboratories examining evidence, forensic scientists will use scientific instruments and scientific methods to examine the blood sample they collected and will write a detailed report about what they found.
Testifying in Court on the Evidence: “ If called into a court, the forensic scientist is on call to testify in a court legally and professionally. The forensic scientist explains their process and the findings in simplistic terms for the court’s comprehension of what factual science and evidence took place at the crime scene” [7].
Providing Corroborative Evidence: Forensics laboratory reports not only support evidence that witnesses may provide, such as witness statements that support the facts that took place, but also support eyewitness evidence from CCTV. In a case where a suspect says they were not at a crime scene, but their DNA was found at the crime scene, forensic evidence can dispute/contradict the suspect’s statement.
Admissibility of Forensic Evidence in a Court of Law
In all judicial systems, courts must assess whether scientific evidence is reliable and relevant. Specifically in the United States, there are two dominant standards for admissibility of expert evidence:
Frye Standard: “Admits evidence if accepted by the scientific community”[8].
Daubert Standard: Allows the judge to decide if the method used is reliable, has been tested, is peer-reviewed, and has a known error rate.
In India, “Section 45 of the Indian Evidence Act allows expert opinion evidence to be elicited in science and art, including forensic experts who can use their opinions to assist the court in making decisions”[9]. However, “many courts require additional evidence to corroborate the expert opinion before they will accept it, like the state of Himachal Pradesh v. Jai Lal and others[10]”.
BENEFITS OF USING FORENSIC SCIENCE IN CRIMINAL JUSTICE
Precision: Scientific methods provide evidence with much greater precision than eyewitness or expectation. In particular, the common use of DNA testing provides more accuracy than eyewitness accounts.
Objectivity: Forensic evidence is objective, as opposed to witness evidence, which involves perspective and opinion.
Bringing Closure on Cold Cases: Cold cases that have not been solved in many years can now be seen as solvable using new forensic methods.
Elimination of Wrongful Convictions: Wrongful convictions have occurred, and science can provide both proof and opportunities in cases where someone has been wrongfully accused for many years.
CHALLENGES AND LIMITATIONS
Human Error: Forensic investigations are human endeavours that require human skill. Errors in the collection or testing of or interpretation of forensic data can lead to incorrect conclusions.
Bias and Misuse: Sometimes, experts are swayed by police or prosecutors. Confirmation bias affects judgment.
Outdated Methods: “Some traditionally employed methods, like bite mark analysis or hair comparison, have been regarded as unscientific. [11].
Cost and Facilities: The funding and maintenance of forensic laboratories are costly. For example, in most areas of India, there are no means to provide even rudimentary forensic facilities in those areas.
REAL WORLD IMPLICATIONS
Convictions and Wrong Commitals- Forensic science has made it possible to convict dangerous offenders and also free individuals who were wrongly detained. People are being freed from prison when DNA evidence is available and shows the person charged was not guilty. Organisations like the Innocence Project have used forensic sciences to review cases and receive appropriate justice.
CONCLUSION
Forensics has turned into a great partner in seeking justification. When forensic evidence is presented, it exposes secrets that courts can use to render their conclusions as to the truth. Forcing oneself to consider the consent of evidence, forensic experts have provided a safety net when employing multiple pieces of evidence. It is important to consider that forensic science has a role in conjunction with other evidence to positively impact the overall criminal justice system, at least realistically and pragmatically.
As crime evolves and the public’s perception of law enforcement changes – no doubt exacerbated by technology- the use of forensic science is only going to grow and change. Cooperation and collaboration between law enforcement, the legal community, and scientists must remain a priority moving forward.
Ultimately, when the truth is backed with the consummate verification of science, along with human voices, justice is the greatest court assured.
Author(s) Name: Vaishnavi Gupta (Christ University, Delhi NCR)
References:
[1] Saferstein, R. (2018). Criminalistics: An Introduction to Forensic Science. Pearson
[2] Jeffreys, A. (1985). DNA Fingerprinting, Nature.
[3] National Institute of Justice (NIJ), U.S. Department of Justice.
[4] Heard, B.J. (2008). Handbook of Firearms and Ballistics. Wiley.
[5] Spitz, W.U. & Fisher, R.S. (2006). Medicolegal Investigation of Death.
[6] Model Guidelines for the Management of Forensic Evidence in Criminal Cases, BPRD, 2021.
[7] Indian Evidence Act, 1872, Section 45.
[8] Frye v. United States, 293 F. 1013 (D.C. Cir. 1923).
[9] Indian Evidence Act, 1872, Section 45.
[10] State of Himachal Pradesh v. Jai Lal and Others, (1999) 7 SCC 280.
[11] National Academy of Sciences, Strengthening Forensic Science in the United States: A Path Forward (2009).
