Harmonisation In Forensic Expertise
Harmonisation in Forensic ExpertiseAn inquiry into the desirability of andopportunities for international standardsEdited byJ.F. Nijboer and W.J.J.M. SprangersMINISTER1E VAN JUSTITIEVietenschappetijk Onderzoets- en Docerrattiecentium's-Gravenh-age 72A/32UlailEMMICEIN
References to material in this book should be made as follows:Christophe Champod and Olivier Ribaux, Forensic identificationdatabases in criminal investigations and trials, in J.F. Nijboer andW.J.J.M. Sprangers (eds), Harmonisation in Forensic Expertise,Series Criminal Sciences, Amsterdam: THELA THESIS, 2000, pp. 463-484.ISBN 90 5170 498 4NUGI 694Layout: Anne van der ZwalmenCover design: Caroline NugterenC 2000 J.F. Nijboer and W.J.J.M. Sprangers, Leiden, the Netherlands.All rights reserved. No part of this publication may be reproduced, storedin a retrieval system of any nature, or transmitted in any form or by anymeans, electronic, mechanical, photocopying, recording or otherwise,without the prior written permission of the publisher.THELA THESISPrinseneiland 305, 1013 LP Amsterdam, The NetherlandsTel. 31 (0) 20 625 54 29 — Fax 31 (0) 20 620 33 95E-mail: office@thelathesis.n1
ContentsixxiiiList of abbreviationsPrefaceTHE FOCUS OF THIS BOOK31 IntroductionEditors2 Development of the Systems of the Law of Evidence in Europe;Diverging and Converging Tendencies7Johannes F. Nijboer3 Harmonisation in the Forensic Sciences13Wim J.J.M. Sprangers4 Methodology of the research23Leo G. ToornvlietCHAPTER IEUROPEAN DEVELOPMENTS IN HARMONISATION1 European developments in harmonisation37Wim J.J.M. Sprangers2 Unification and Harmonisation of Criminal Procedures in theEuropean Union43Julian J.E. Schutte3 The Growing Impact of International Instruments onDomestic Criminal Procedural Law55Peter Csonka4 Harmonisation and Harmonising Effects in Criminal Law67Andre Klip5 Harmonisation of National (Criminal) Law Related to theInspection, Sampling and Analysis of Foodstuffs:79Marieke Lugt and Ron A. van Geffen996 Europol and Forensic ScienceEdwin Kube and Rainer Dahlenburgv
ContentsCHAPTER IIINTERDISCIPLINARITY1091 IntroductionEditors2 Institutionalisation of Forensic Expertise113Ian Freckelton3 The Value of Interdisciplinarity for Forensic Investigations127Pierre Margot4 Concentration or Dispersion of Forensic Expertise135Lia van der Westen5 Interdisciplinary in Medical and Psychological Forensic Expertise: 145Harold Merkcelbach and Eric Rassin1596 Interdisciplinary Forensic WorkJoan HolthuisCHAPTER IIIFORENSIC EXPERTISE AND CRIMINAL PROCEDURE1671 IntroductionEditors2 Forensic Expertise and Illegally Obtained Evidence171Joan Holthuis3 Confronting Expert Evidence under the European Convention183Petra van Kampen4 A European View on Forensic Expertise and Counter-Expertise213SprangersLivia E.M.P. jakobs and Wim2335 Information TechnologyHans Henseler and loop Roording6 How Psychologists Should Help Courts257Peter 3. van Koppen7 Witness Statements Based on 'Recovered Memories':A further examination277Willem Albert Wagenaar8 Legal Regulations Governing Forensic Scientific Methods283Lia van der WestenCHAPTER IVQuarry2951 IntroductionEditors2 Quality and Forensic Science Evidence: an OverviewMike Redmaynevi299
Contents3 A Taxonomy of Error and Deviance319Ian Freckelton4 Quality Assurance in Forensic Laboratories341Lydia Bestebreur, Evert Korthagen and Wim Neuteboom5 Can International Standard Setting Contribute to theCohesion of the Technological Society?363Nick Huls6 Forensics and Quality in the 21st Century377Iris de KwantCHAPTER VCOMPARATIVE LAW1 Introduction397Editors2 The Significance of Comparative Legal Studies399Johannes F. Nijboer4113 Criminal EvidenceJean Pradel4 Methods of Investigation and Exclusion of Evidence431Johannes F. Nijboer5 Organisation and Regulation of Expert Evidence447Lia van der WestenCHAPTER VIDATA-BASE, EXCHANGE OF DATA AND FORENSIC EXPERTISE1 Introduction459Editors2 Forensic Identification Databases in Criminal Investigationsand Trials463Christophe Champod en Oliver Ribaux3 International Exchange of Police Data and Forensic Expertise485Chantal Joubert and Hans Bevers4 Privacy and the Use of Databases in Forensic Disciplines:a Balance of Interests499Diana Alonso Bias5 Actuarial Justice Risk Management and the Modern State513Malcolm M. Feeley6 Towards One European DNA Database?Madan de Boervii529
ContentsCHAPTER VIIEVIDENCE AND STATISTICS5411 IntroductionEditors2 Evidence and Forensic ScienceJohn R. Spencer2 Pros and Cons of Bayesian Reasoning in Forensic Science543557Madan Sjerps3 Singular Evidence and Probabilistic Reasoning in Judicial Proof587David A. SchumEPILOGUE607EpilogueSprangersJohannes F. Nijboer and Wim.621Biographies authorsVII'
List of PCPTCr. AppCRICSAASCTSDDDNADSM-IVDVIEAECEAFSECECArs AequiAssociation of European Police CollegesAutomated Fingerprint Identification SystemAutomatic Fingerprint RecognitionAssociation Internationale de Droit PenalAct on the Police RegistersArticleAmerican Society of Crime Laboratory DirectorsAmerican Society for Testing and MaterialsBulletin Board SystemsBundesKriminalAmbtBase Rate AvailabilityBase Rate UseBetaubungsmittelgesetzConsumer Goods & Veterinary AffairsCommunity of Active Forensic ExpertsCentral Analysis Programme EcstacyCriteria-Based Content AnalysisCode of Criminal ProcedureComputer Crime UnitsCommune Europeenne de NormalisationCompareCriminal Intelligence DivisionCommon Object ModelCommunication of the European CommissionCode de Procedure PenalCommittee for the Prevention of TortureCourt of AppealCriminele Recherche Informatiedienst [Dutch CriminalIntelligence Division]Child Sexual Abuse Accommodation SyndromeCollaborative Testing ServiceDelikt & DelinkwentDeoxyribo Nucleic AcidDiagnostic and Statistical Manual of Mental Disorders, 4 theditionDisaster Victim IdentificationEuropean Atomic Energy CommunityEuropean Academy of Forensic SciencesEuropol ConventionEuropean Communityix
List of abbreviationsECHRECHRECJECSCEDUEFQMe.g.ENFSIESSet al.etc.EUf. AEuropean Convention on Human Rights and Fundamental FreedomsEuropean Court on Human RightsEuropean Court of JusticeEuropean Coal and Steel CommunityEuropol Drug UnitEuropean Foundation for Quality Managementexempli gratia (for example)European Network of Forensic Science InstitutesEuropean Standard Set (of loci)et alii (and others)etceteraEuropean Unionfor instanceFinancial Action Task ForceFederal Bureau of InvestigationFederal Food Control InstituteFederal Rules of EvidenceFood Research InstituteForensic Science LaboratoryForensic Science ServicesGeneral Administrative Law ActGood Laboratory PracticeHazard Analysis of Critical Control PointsHet Automatisch Vinger Afdrukkensysteem NederlandseKollectie [The Dutch Automatic Fingerprint Collection]Hoge Raad der Nederlanden [Dutch Court of Cassation]Ibidem (in the same place)Integrated Ballistic Identification SystemsInternational Criminal Police OrganisationIntegrated CircuitsInternational Criminal Tribunal for the former Yugoslaviaid est (that is)Internationale Kriminalistische Verein [InternationalCriminal Association]International Laboratory Accreditation ConferenceInternational Research for the Law of the Evidence andProcedureInternational Organisation on Computer EvidenceInternational Organization for ForensicOdonto-StomatologyInternational Organization for StandardizationInformation TechnologyJuristen ZeitungSwiss Association of Manufacturers and Suppliers ofHousehold Electrical Appliances
List of TRsWBPNational Measurement Accreditation ServiceNational Criminal Intelligence DivisionNetherlands Forensic InstituteUS National Institute of Standards and TechnologyNederlandse Jurisprudentie [Dutch Law Reports]Nederlands JuristenbladNederlands Juristen Comite voor de MensenrechtenNumberNational Research CouncilOrganisation for Economic Co-operation andDevelopmentOffice of the Inspector-GeneralOfficial Journal (of the Council of the European Union)Office of Special InvestigationsProbabilityPersonal ComputerPolymerase Chain ReactionPolice Cooperation Working GroupProbabilityPost Traumatic Stress DisorderResearch & DevelopmentRaqueteer Influenced and Corrupt Oranizations ActStandard DeviationThe Secure Hash AlgorithmSchengen Implementation ConventionSchengen Information SystemSwedisch National Laboratory of Forensic ScienceSenior Managers of Australian and New Zealand ForensicLaboratoriesSexual Trafficking Of PaedophilesShort Tandem RepeatsWetboek van Strafvordering [Dutch Code of CriminalProcedure]Statement Validity AnalysisScientific Working GroupTreaty Establishing the European CommunityTreasury Enforcement Communications SystemTreaty on European UnionTotal Quality ManagementTrusted Third PartyTechnical Working GroupUnited Kingdom Accreditation ServiceVisual Analogue ScaleValidity ChecklistVariable Number of Tandem RepeatsWet Bescherming Persoonsgegevensxi
List of abbreviations1WFOCWGWPRWySyWWWZFITZStWWorldwide Forensic Odontology ContactsWorking GroupWet PersoonsregistratiesWetboek van Strafvordering [Dutch Code of CriminalProcedure]World Wide WebZurich Federal Institute of TechnologyZeitschrift fiir die gesammten Strafrechtswissenschaftenxii
PrefaceThis volume is the result of an extensive study carried out jointly by researchers from the Study Centre on Evidence (Seminarium voor Bewijsrecht) of the Universiteit Leiden and the Netherlands Forensic Institute (of the Ministry of Justice, the former Gerechtelijk Laboratorium).Both institutes used their international networks to gather informationabout forensic expertise and to invite people to contribute to the project.The actual research started in 1997. The research group invited a numberof authors, all experienced in their respective domains, to contribute in theform of articles containing descriptions of actual situations and analyses ofopportunities and impediments. Without these contributions the theoreticpart of our project would not be as comprehensive as it is. The second partof the project consists of an inventory of the practices and legal regulationsof fifteen disciplines in forensic expertise, carried out in fifteen countries ofthe Council of Europe. This part of the research is still in progress, butthis volume reports on several important parts of the inventory.The research is financed by the Dutch Ministry of Justice, Wetenschappelijk Onderzoek- en Documentatie Centrum (woDc). The NetherlandsInstitute for the Study of Criminality and Law Enforcement (Niscale/NscR) at Leiden offered facilities for the frequent team meetings.We would like to thank the authors and all the forensic experts, lawyersand police officers who completed questionnaires.We also wish to thank the researchers and students who assisted in thisproject; Fransje Hartog, Jasper de Jong, Joy de Winter, Robert Malewitzand Dan Pipe.Special thanks for the assistance of Reino Rustige, Karla van Leeuwen,Atie Pols, Janneke Metz, Amina Marix Evans, Leny van der Zeeuw andRieny Albers.The research group:Marjan de Boer, Joan Holthuis, Livia Jakobs, Iris de Kwant, Hans Nijboer,Leo Toomvliet, Wim Sprangers, Lia van der Westen and Sijtze Wiersma.xiii
The Focus of this Book
1 Introduction1A simple case with complicationsFollowing a burglary in Leiden, Holland, the police investigated the crimescene. Shoeprints were taken and some fingerprints lifted from a windowglass. The quality of the fingerprints was not good enough for identification according to the Dutch standards, and therefore a comparison withthe Dutch database was not made.Suppose that — unless the poor quality — the dactyloscopic traces weresent by the local police to other countries within the Schengen area, in order to compare them to fingerprints in their databases. Moreover, supposethat the police in Germany found a match of eight similar points with afingerprint in their database and that along the usual way in internationalco-operation the alleged perpetrator was found. Finally, suppose that theidentification of the fingerprint was the crucial piece of evidence, besidesome similarity in the general shoeprints. Could a conviction have followed in the Netherlands? The criteria for identification by fingerprintsdiffer between the two countries. The defence would bring in an expertcontending that the German identification standard does not meet theDutch convention of '12 points of reference' for identity. Such a claimmight very well block a conviction by the Court. It is not difficult to thinkof more complications with respect to standards that differ greatly acrossthe borders, even when looking at neighbour states in Europe. This example points to a difficult area of criminal law.2Internationality (transnationality)International social mobility, communication opportunities, trade andtraffic have contributed greatly to the globalisation of many sectors of society. This also applies to criminality and law enforcement. During the lasttwo decades, the volume of transborder crimes and transborder criminalinvestigations has grown dramatically. International police, prosecutorial,and judicial co-operation has increased, as has the work of the bar and forensic experts. In all these professional sectors of the criminal justice system(s) not only has the number of international aspects in concrete casesgrown, but so has the degree to which their core work has become subjectto insights, norms, and standards that are no longer purely national. Thisapplies even to the work of the courts, where international bodies reviewnational procedures from the human rights perspective, for instance theEuropean Court of Human Rights in Strasbourg. These factors are thebackground against which the idea of harmonisation becomes relevant.3
The Focus of this Book3Desirability and possibilitiesThis brings us to the theme of this volume. A couple of years ago the editors of this book discussed the idea of harmonisation in the different fieldsof forensic expertise. The underlying notion was that forensic expertise isembodied only partly in the legal norms and practices in national systems.In most areas there seem to be plenty of professional norms (standards)and practices that are suitable for international harmonisation, although —other than in most fields of criminal law — the national elements do notnecessarily seem to impede such a development.A research plan was prepared on the question: is (European) harmonisation of forensic expertise desirable, and — assuming that the answer is notcategorically NO in all respects — what are the possibilities and opportunities for achieving this? This appears to be an extremely complex question,which needs careful discussion and an enormous inventory on the actualsituation in dozens of forensic disciplines and in many countries.This volume is the first result of this research. This book contains contributions from international authors. The central issue, to which the various authors contribute, is the question whether, and if so, in what respectsand to what degree international harmonisation of technical norms andstandards in the forensic practice can be considered as possible — at least inEurope. Attention is given to harmonisation (or compatibilisation) of lawsin general, with an accent on criminal law and procedure. The authorsdiscuss the pros and cons, as well as the conditions for harmonisation. Aspects of standardisation and quality assurance are covered in relation toforensic and legal practice, together with the complex subject of the use ofprobability theory in forensic science. The subject matter of the book liesat the intersection of interdisciplinary, interprofessional and internationalaspects of today's criminal law 'in action'.4InterdisciplinarityIn many fields forensic specialities have emerged all over the westernworld. Often institutionalisation of a specific field, as has recently happened in forensic accountancy, is a product of interaction between theneeds of the legal profession and the legal institutions, with respect to nonlegal or semi-legal expertise, and creativity on the supply-side (often applied science, sometimes experience from practice without academic basis). Many authors have observed the increasing impact of forensic expertise on the law, especially with regard to 'fact-finding' (investigation andevidence). It does not take a vivid imagination to see that this tendencyemphasises the importance of interdisciplinary understanding. As we willsee, the relevant universe of 'norms' and 'standards' is not limited to legal'norms' and 'standards'. Disciplinary — and professional — 'norms' and'standards' play a role that is at least as important in this field.4
Introduction5InterprofessionalityImmediately connected to the interdisciplinary aspects of the involvementof forensic expertise in the legal province is the interprofessionality. Notonly do typical legal professionals (advocates, prosecutors, judges) have tocollaborate with experts from other disciplines, the experts themselveshave to collaborate with each other under certain circumstances, althoughthey come from very different backgrounds and 'schools'. The same goesfor the police. This means that in the area of forensic expertise, aspects ofinterprofessionality are always present.6European integrationIn Europe, a conscious process of economic and political integration supplements globalisation and internationalisation as societal developments.More and more issues of criminal law and security are addressed by European supranational bodies (European Union and Council of Europe) inorder to reach greater unity amongst the various European countries. Theefforts by the Council of Europe to draft multilateral treaties on subjectssuch as extradition and mutual co-operation are still important, as are itsRecommendations on several areas of criminal policy. More recently,however, the EU has become more active in this area as well. Fraudsagainst the EU budget, corruption, and international organised crime havetriggered a good deal of activity in Brussels, not to mention the extra investments in the context of the Schengen-group and Europol.This book is not limited to the EU or the Schengen-group. With regardto the inventories that lie at the basis of some parts of the book, a selectionout of the 41 Member states of the Council of Europe is taken into consideration. For the more general subjects, such as the process of institutionalisation of a field to a recognised form of forensic expertise, the writings are not limited to the European context only.The fields covered by the term 'forensic expertise' are not too narrowlydetermined in this volume: they include all kinds of non-legal expertisewhich is or can be involved in the process of investigation and proof at allstages of a (criminal) case. Attention is therefore given not to only classicalareas like forensic science and forensic psychiatry, but also to newlyemerging fields like forensic psychology or forensic cryptology. Also nonacademic fields are included.7Aim of the projectWith respect to harmonisation in criminal law and criminal procedure inEurope, as in other domains, Euro-enthousiasts and Euro-sceptics may befound. This volume attempts to rationalise the debate. It is devoted mainlyto opinions and general descriptions of situations, impediments and in5
The Focus of this Bookstruments with regard to harmonisation. The book also sheds light on thevery different nature of various forensic fields. Finally, it begins takingstock of current legal and forensic practices. The editors hope that theirongoing research will, in due time, lead to a second book on the subjec
FORENSIC EXPERTISE AND CRIMINAL PROCEDURE 1 Introduction 167 Editors 2 Forensic Expertise and Illegally Obtained Evidence 171 Joan Holthuis 3 Confronting Expert Evidence under the European Convention 183 Petra van Kampen 4 A European View on Forensic Expertise and Counter-Expertise 213 Livia E.M.P. jakobs and Wim Sprangers
Forensic Science is the integration of core scientific disciplines. Forensic science involves a variety of careers. 1. Students will recognize the major contributors to the development of Forensic . Worksheets Lab; Activity Project assessments Research activities such as “famous forensic scientists and their contributions” or “careers inFile Size: 444KBPage Count: 21People also search forforensic science for high school textbook pdfdo forensic criminologist investigate the cri forensic criminology bookswhat is a dental hygienisthow to check fingerprint forensic criminologyare dental hygienists and dentist same thing
Forensic science is the application of science to law. Any science can be applied into a legal situation, but some of the commonest forensic sciences include forensic biology, forensic chemistry, and forensic toxicology. The word forensic in today’s world simply
forensic science discipline (or equivalent). Experience It is essential that the post holder is an experienced forensic scientist in forensic drug analysis, forensic toxicology and preferably in forensic criminalistics, with a minimum of 10 years performing multi-disciplined forensic
Forensic Psychology Chapter ObjeCtives ·orensic Define f psychology. · Review career areas in the forensic sciences. · Distinguish forensic psychology from forensic psychiatry. · Identify and describe the major subareas of forensic psychology. · Review the educational, training, and certification requirements to become a forensic psychologist.
Delivering forensic services (Report 21: 2018-19) 4 . Summary of audit findings . Delivering forensic services . We audited four types of forensic services: fingerprints, deoxyribonucleic acid(DNA), forensic medical examinations and illicit drugs. Three of these services accounted for approximately 92 per cent of all forensic services .
Forensic Toxicology in Death Investigation Eugene C. Dinovo, Ph.D., and Robert H. Cravey Forensic toxicology is a highly specialized area of forensic science which requires exper tise in analytical chemistry, pharmacology, biochemistry, and forensic investigation. The practicing forensic toxicologist is concerned
Exploring Forensic Anthropology and Forensic Entomology 121 Define the terms : forensic anthropology: and : forensic entomology. 122 Differentiate between a male skeleton and a female skeleton. . Definition should include identifying forensic
GRADE: K . Strand: READING STANDARDS FOR LITERATURE Cluster 1: Key Ideas and Details STANDARD CODE STANDARD LAFS.K.RL.1.1 With prompting and support, ask and answer questions about key details in a text. Cognitive Complexity: Level 2: Basic Application of Skills & Concepts LAFS.K.RL.1.2 With prompting and support, retell familiar stories, including key details. Cognitive Complexity: Level 2 .
