Law 313K Forensic Science, law and Crime Detection methods PDF

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PREFACELL. Study Notes 313F Forensic Science, Law and Crime Detection Methods➔Stay connected using facebook.➔Source : Public domain print/ internet contents. URLs of some of such resources are listed herein. Credits/ copyrights duly acknowledged. ➔11-Apr-2018. Work in progress, version-1 compiled by...

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PREFACE LL.B. Study Notes 313F Forensic Science, Law and Crime Detection Methods

➔ Stay connected using facebook. ➔ Source : Public domain print/ internet contents. URLs of some of such resources are listed herein. Credits/ copyrights duly acknowledged. ➔ 11-Apr-2018. Work in progress, version-1.1 compiled by [email protected] in academic pursuit. Follow URLs for details. Dedicated to students of the subject. No claim is made/ implied about originality of this document, or its truthfulness. ➔ Gujarat University Syllabus is in BOLD text. References to questions listed herein below, are to such questions which were asked in Gujarat University examinations. ➔ This PDF doc has navigation built-in. ie viewer shall be able to quickly move around the PDF with mouse clicks. However, sometimes due to browser limitations, click-able links may not work. In that case just download the PDF and open it in any standard PDF viewer, eg Adobe Reader. ➔ Lastly, |  : | This doc also promotes the cause of law students. Do suggest better answers and do point-out mistakes. Or alternately, feel free to update it (for noncommercial purpose) as you deem fit. But, do keep sharing with the world. ➔ Join https://www.facebook.com/groups/LLB.GujUni/ for study notes on any LLB subject. ➔ Join    https://www.facebook.com/groups/Law.Nectar/ ✔ A happening place to discuss professional aspects of 'law' as it is actually practiced. ✔       , ( )       Dharma, when protected, protects. ➔ Scribd https://www.scribd.com/bhatt.net.in (repository of all study notes).

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➔ Refer : Bare acts are a good source, in any subject of law : ✔ MHRD Pathshala - http://epgp.inflibnet.ac.in/ahl.php –--> Social Sciences –-> Forensic Science ---> Paper ---> Module ✔

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CONTENTS 313F Forensic Science, Law and Crime Detection Methods

TOPIC

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Module-1

History, Scope, Need and application of Forensic Science in Crime Detection

Module-2

Forensic Psychology Techniques, Crime Detection/Investigation and Law

22

Module-3

Recent Forensic Science Techniques for Crime Detection and

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Future Challenges

Objectives of the course : ➔ The main object of including this course is to make the law students familiarize about the Forensic Science Technologies as well as role and functions Forensic Science Laboratories and how they are useful in detecting the crime and criminals. ➔ In the era of computer technology and internet, we can effectively solve the complicated cases of cyber crimes, forgery, rape, fire-arm used in the crime, identification of trace elements, identifying paternity of child or about various toxic materials. ➔ In the incidents of bomb-blast or terrorist attack, forensic science helps us to reach to the root of crime and catching the criminals. ➔ It is also possible to find out truth by application of various Forensic Psychology Techniques like lie detection test, brain mapping or narco test. ➔ While understanding various methods of Forensic Science in detection of crimes, law students are expected to understand the constitutionality of all the methods as well as the evidential value thereof.

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Module-1 :

1) History, Scope, Need and application of Forensic Science in Crime Detection : 1.1) History and scope of Forensic Science 1.2) Need of Forensic Science in understanding modus operandi of criminals as well as Crime Investigation and Detection

1.3) Basic Principle of Criminal Jurisprudence relied in Forensic Science : ”Man may lie, but circumstances cannot.”

1.4) Evidence collected through Forensic Science Techniques and Report of Forensic Expert : Evidential value thereof

1.5) Various general techniques of Forensic Science used in detection of crimes :

1.5.1) Blood-Alcohol Analysis 1.5.2) Toxicology Reports 1.5.3) Ballistic Expert Report regarding use of fire-arm or residues of firearm parts at the scene of offence

1.5.4) Analysis of Body Fluids: Blood, Serum, saliva etc. 1.5.5) Reports of Handwriting Experts (in crimes of forgery) & Finger-print Experts and identification of Handwriting in questioned documents

1.5.6) Identification of Narcotic and Psychotropic Substances like Opium, Brown Sugar, Heroin etc.

1.5.7) Crime detection/investigation through Track marks: Foot Prints, Naked Footprints etc.

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MODULE-1 QUESTIONS :

➔ What is forensic science? Discuss about its origin, scope and contribution in detection of crime. (Mar-2015) ✔ Define and explain the term “Forensic Science”. Discuss its importance in detection of crimes. (Apr-2017) ✔ Discuss : Need of Forensic Science in understanding modus operandi of criminals as well as Crime Investigation and Detection ✔ Fully discuss about history and scope of Forensic Science. (Mar-2014) ✔ Explain the history, scope and importance of forensic science in detection of crime. (Apr-2016) CONTENTS | Module-1 | Module-2 | Module-3 |

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➔ “Man may lie, but circumstances can not” Discuss this statement in the light of significance of evidence gathered through forensic science techniques. (Mar-2015) ✔ Write a note on evidence collected through Forensic Science Techniques. (Mar2014, Apr-2016) ✔ Discuss : Evidential value of reports of Forensic Experts.  Write a note : Importance of physical evidence (Mar-2014) ➔ Explain with illustration “Blood alcohol analysis reports” of the experts prepared by forensic science techniques and importance thereof in crime detection. (Mar-2015) ✔ Explain the following Forensic Science technique of “Blood alcohol analysis” and its importance in detection of crime. (Apr-2017) ➔ Explain with illustration “Toxicology reports” of the experts prepared by forensic science techniques and importance thereof in crime detection. (Mar-2015) ➔ Explain with illustration “Ballistic expert reports” of the experts prepared by forensic science techniques and importance thereof in crime detection. (Mar-2015) ➔ Explain with illustration the importance of analysis of body fluids like blood, serum, and saliva in detecting the case of murder and rape. (Apr-2017) ➔ Discuss about the evidential value of evidences gathered by the handwriting experts and finger-print experts before the court. (Apr-2017) ✔ Explain with illustration “Handwriting expert reports” of the experts prepared by forensic science techniques and importance thereof in crime detection. (Mar-2015) ➔ Explain the following Forensic Science technique of “Identification of narcotic and psychotropic substances like opium, heroin, etc” and its importance in detection of crime. (Apr-2017) ➔ Discuss : Crime detection/investigation through Track marks: Foot Prints, Naked Footprints etc.

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MODULE-1 ANSWERS :

➔ What is forensic science? Discuss about its origin, scope and contribution in detection of crime. (Mar-2015) ✔ Define and explain the term “Forensic Science”. Discuss its importance in detection of crimes. (Apr-2017) ✔ Discuss : Need of Forensic Science in understanding modus operandi of criminals as well as Crime Investigation and Detection ✔ Fully discuss about history and scope of Forensic Science. (Mar-2014) CONTENTS | Module-1 | Module-2 | Module-3 |

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✔ Explain the history, scope and importance of forensic science in detection of crime. (Apr-2016) ANSWER : ✔ Refer :  http://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/forensic_science/gener al_forensic/01._introduction_to_forensic_science/et/4761_et_01et.pdf ✔ What is “Forensic Science”? : Origin of the term “Forensic” :  Forensic science, an amalgamation of almost all faculties of knowledge, is an essential and efficient enabler in the dispensation of justice in criminal, civil, regulatory and social contexts. It is defined as the application of science in answering questions that are of legal interest.  Phrase “forensic science” is the combination of two different Latin words: forensis and science. ● The word ‘forensic’ owes its origin to Latin word forēnsics which means "of or before the forum" signifies belonging to court of justice or is any aspect of science, which relates it to the law.  The term originated from Roman times; when a criminal charge meant presenting the case before a group of public individuals in the Forum. Both the person accused of the crime and the victim would give speeches based on their sides of the story. The individual with the best argument and delivery would determine the outcome of the case.  This origin is the source of the two modern usages of the word forensic – as a form of legal evidence and as a category of public presentation. ● The second term is ‘science’, which is derived from the Greek for knowledge and is today closely tied to the scientific method, a systematic way of acquiring knowledge.  Forensic evidence is a discipline that functions within the parameters of the legal system. It provides guidance to those conducting civil/ criminal investigation and to supply to courts accurate information upon which they can rely in resolving disputes. ● Forensic Science links (or de-links) a Person/Suspect to a Crime Scene (or a victim) through (i) objects left by him at the scene and with the victim or (ii) carried from the scene and the victim.  ie Forensic Science helps investigators prove guilt (or innocence) of a person.  Forensic science has emerged as a significant constituent in an effort to control crime while maintaining a high quality of justice.  The law enforcement officials have started becoming dependent on the laboratory results.

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 In order to realize the concept of ‘society’, a ‘law’ was needed to be reinforced by developing and applying the knowledge and technology of a science. Forensic Science gradually developed and fulfilled the requirement. ✔ History of Forensic Science :  The roots of Forensic Science can be traced back to ancient Greek and Roman civilizations which brought great advances in the field of various disciplines of science including the science associated with criminal investigation.  Poisoning being one of the earliest methods of killing a human being, widespread knowledge was gathered regarding its production and use.  Symptoms caused by various poisons were identified making it possible to detect their use in previously undetected murders.  The first recorded autopsy was also conducted by a Roman physician Antistius in 44 B.C on the body of a slain king Julius Caesar to reach the conclusion that though the king was stabbed 23 times, only one wound through his chest caused his death.  In the beginning of the seventeenth century, advancements in sciences and awakening of the social conscience resulted in revitalized interest in the field of forensic science. This inquisitiveness necessitated new means to identify evidences for the purpose of solving crimes.  Further, in the eighteenth and nineteenth centuries, a large number of incidents of collection and scientific analysis of evidences in order to solve crimes and convict the culprits were recorded. Evidentiary techniques included identifying foot prints, matching a piece of crumbled newspaper used for wadding in a pistol to a torn piece of paper in a suspect's pocket, matching clothing fibers and grains etc. collected from a crime scene to those found on a suspect of a murder.  In the 19th century, it was observed that contact between someone's hands and a surface left barely visible marks called fingerprints. Fine Powder Dusting technique was used to make the marks more visible.  Surprisingly, while the use of scientific methods and techniques in criminal investigations in some manner or another has been around since before the Roman Empire, the idea of forensic science as a discipline and a career is hardly 100 years old. ● It has only been within the last century that law enforcement agencies and the court systems have come to rely so heavily on the use of scientific practices in crime scene investigations.  Throughout history, there exist examples of analysis of various pieces of evidence leading to convictions or acquittals that seem to fall in line with what we know and recognize as Forensics.  Popular fictional character Sherlock Homes coined by Sir Arthur Covan Doyle was, CONTENTS | Module-1 | Module-2 | Module-3 |

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perhaps; the first person who introduced scientific crime detection methods to its readers. Doyle described methods of detection much before they were discovered and implemented by the scientists in real life. ● He used principles of serology, fingerprinting, firearm identification, and questioned document examination in his fiction. ✔ Need of Forensic Science : Role of Forensic Scientists :  There is a great need to use of forensic science in the investigation of crime in the modern times.  Forensic scientists collect, preserve, and analyze scientific evidence during the course of an investigation.  While some forensic scientists travel to the scene of the crime to collect the evidence themselves, others occupy a laboratory role, performing analysis on objects brought to them by other individuals.  In addition to their laboratory role, forensic scientists testify as expert witnesses in both criminal and civil cases and can work for either the prosecution or the defense.  Typically, a forensic scientist may perform one/ many of following roles : ● ● Information on the Corpus Delicti (literally, the "body of the crime") ● Information on the Modus Operandi ● Documentation of crime scene. ● Search, collection marking, packaging, analysis and documentation of evidences. ● Linking a Person/Suspect to a Crime Scene ● Linking a Suspect with a Victim ● Identification of a Suspect ● Supporting or Disproving a Witness's Testimony ● Providing Investigative Leads ● Eliminating a Suspect ● Give expert testimony. ✔ Principles of Forensic Science :  The laws and principles of all the natural sciences are the bases of forensic science. In addition, it has developed its own principles which are as follows :  Law of individuality  Principle of exchange CONTENTS | Module-1 | Module-2 | Module-3 |

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 Principle of recovery  Law of progressive change  Principle of comparison  Principle of analysis  Law of probability  Principle of Presentation  Law of individuality : ● The law of individuality is of fundamental importance in forensic science. Anything and everything involved in a crime, has an individuality.  If the same is established, it connects the crime and the criminal. ● Every object, natural or man-made, has an individuality which is not duplicated in any other object. This principle, at first sight appears to be contrary to common beliefs and observations.  eg the grains of sand or seeds of plants or twins look exactly alike. Likewise, man-made objects: coins of the same denomination made in the same mint, currency notes printed with the same printing blocks one after the other (excluding serial number) appear to be indistinguishable. ● Yet the individuality is always there. It is due to small flaws in the materials, in the arrangement of the crystals, imperfect stamping or due to inclusions of some extraneous matter.  Principle of exchange : ● No mention of the history of forensic science would be complete without discussing the tremendous contributions made by Dr. Edmond Locard, a French scientist and criminologist who had studied law and medicine.  Locard proposed the notion that "everything contact leaves a trace," a principle that prevails in crime scene investigation even today.  The Exchange Principle proposed by Locard espoused the idea that, • everything and everyone that enters a crime scene leaves some piece of evidence behind. • likewise, everyone and everything takes some piece of the crime scene with them when they leave. ● If the investigating officer is able to establish the points of contact, he is likely to gather physical clues : eg If a criminal,  enters the premises through a ventilator, he leaves his foot prints in dust on the sill.  Enters by breaking a window or a door, he leaves its marks on the wooden frame. CONTENTS | Module-1 | Module-2 | Module-3 |

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 Principle of recovery : ● Nothing should be added, damaged or obliterated in the recovery process. ● Particular attention should be paid to avoiding contamination, a concern that gains increasing importance with each advance in analytical sensitivity. ● Where there is risk of losing or damaging evidence, appropriate experts should be called in. ● Exhibit items should be safely and securely packaged as soon as possible.  Law of progressive change : ● This principle demands prompt action in all aspects of criminal investigation, because everything changes with the passage of time. The rate of change varies tremendously with different objects. ● A criminal undergoes rapid changes. If he is not apprehended in time, he becomes unrecognizable except perhaps through his fingerprints, retina, bone fractures or other characteristics of permanent nature which are not always available. ● Likewise, the scene of occurrence also undergoes rapid changes. The weather, the vegetable growth, and the living beings (especially human-beings) make extensive changes in comparatively short periods. Longer the delay in examining the scene, greater will be the changes. ● The objects involved in crime change gradually, the firearm barrels loosen, metal objects rust, the shoes suffer additional wear and tear and the tools acquire new surface patterns. In course of time the objects may loose all practical identity vis-à-vis a particular crime.  Principle of comparison : ● Only the like can be compared is the principle of comparison. It emphasizes the necessity of providing like samples and specimens for comparison with the questioned items. eg During the course of investigation,  IF a bullet is recovered from the deceased and experts opines that the bullet has been fired from a firearm firing high velocity projectiles like a service rifle. THEN, it is futile to send shotguns, pistols or revolvers as the possible suspect firearm.  IF a bunch of hair is recovered from the hands of a deceased and experts opine that the hair belong to a Negroid person, THEN hair from persons of white races for comparison will not be of any use.  IF a questioned writing is found to have been writing with a ball pen, THEN to send fountain pen as a likely instrument of writing is futile.  Principle of analysis : ● Improper sampling and contamination r...