CHAPTER 8
Dr JR Gaur, Prachi Kathane, Shakti Prakash and Anshu Singh
“The great and constant need of those who investigate homicide and practise forensic pathology or criminal law is a warm humanism.”
SUMMARY
◆ Since 2009, cyber/digital forensics, a leading branch of forensics, has seen exponential growth;
◆ Scientific breakthroughs in emerging branches of forensic sciences such as digital forensics, CCTV forensics, drone forensics, and multimedia forensics are a boon;
◆ All law enforcement officials, along with the public, should have a basic understanding of digital forensics;
◆ Every branch of forensic science has a role to play in national security;
◆ AI has the potential to be a permanent part of the criminal justice ecosystem.
The word ‘forensic’ owes its etymology to the Latin word ‘ forensis ’, which means a forum or meeting place, or that which relates to the courts of law. Forensic science can be broadly defined as the application of science and technology to police work. In other words, the use of scientific tools and science, in the investigation of crime and the administration of justice, is called forensic science. Criminals today use scientific methods for committing crimes. So, just as a diamond cuts a diamond, these criminals can only be apprehended with the use of science and technology and not traditional methods. The justice department is increasingly using forensics today. People feel safe and secure when a crime is detected and criminals are punished, but forensics also plays a pivotal role in the prevention of crime. Potential criminals are afraid they can be caught by means of forensic science. We have all seen forensic scientists on TV shows, but how do they work? What is the science behind their work? What is the role of forensic science in the administration of justice? How does forensic science aid security? This chapter answers these questions.
Forensic science goes all the way back to ancient civilisations. A Roman physician, Antistius, for instance, performed what is believed to be the world’s first autopsy in 44 BCE. 1 The body was of the Roman emperor, Julius Caesar. Since then, forensic science has never looked back. Forensic science is defined as a ‘scientific discipline which works towards the identification, recognition, indi- vidualisation and evaluation of physical evidence using principles and methods of natural sciences for the purpose of administration of criminal justice’. 2
Forensics was in the spotlight in the late nineteenth century, thanks to Sir Arthur Conan Doyle’s famous fictional detective, Sherlock Holmes. Doyle popu- larised crime detection using science, which put forensics in the spotlight.
Embracing all branches of science, forensics has extended to medicine, chem- istry, physics, toxicology, accounting, ballistics, psychology, fingerprint forensics, and document examination. It is used in biology and serology, cyber forensics, mobile forensics, linguistics, odontology, entomology, pathology, podiatry, geology, and marine forensics as well. Handwriting and signature examination, and biological and serological evidence examination are carried out in forensics. Forensic science also plays a major role in identifying victims during natural disas- ters. It helps in the dissemination of justice through social change, anonymity, technical knowledge, and evidence.
Nowadays, every country has fully functional forensic laboratories which aid crime investigations. Since 2009, cyber/digital forensics, a leading branch of foren- sics, has seen exponential growth. It helps in examining large amounts of data in a time-bound manner and seeks digital evidence, including its collection, analysis, and preservation. Various hardware and software tools and techniques like the Sleuth Kit and Autopsy, EnCase Enterprise, Digital Evidence and Forensics Toolkit, ProDiscover Basic, 3 and MultiAgent Digital Investigation Toolkit, 4 among others, are used for the examination of digital evidence, thus, easing work and minimising the time spent on deduction. Intelligence-led crime-scene processing helps improve security by studying the criminal environment and developing a strategy for security problems and helps investigation of crime scenes. 5
With advancements in technologies, computer forensics will progress and pro- vide new and advanced techniques to combat crimes.
Forensic Science and the Making of a Safer Planet 155
There is usually a pattern to organised crimes. They are not randomly distributed and therefore, it is difficult to prevent them. The onus of preventing crime lies on every person involved in its occurrence. The elements which can deter a criminal include a sturdy criminal justice system, a tough police force, and competent forensic science professionals. Prevention is better than cure and this is true for crime and justice 6 as well.
Delivering justice is not the sole objective of the criminal justice system; its goal is also to protect, reform, and rehabilitate. 7 Incapacitation, specific deter- rence, general deterrence, restorative justice, and disruption 8 help prevent crime. There are several direct and indirect 9 factors associated with criminality, such as poor schooling, broken homes, antisocial parenting, socio-economic deprivation, drug habit, deviant peer groups, and poor social skills. Measures taken to control these factors can help prevent crime. The risk associated with a criminal can be identified by examining the crime scene thoroughly. Often, the modus operandi is suggestive of the nature of the criminal and the associated risks. Behaviour can often be predicted by studying the pattern of crime, the weapon used, the location of the crime, and details from the scene of the crime. 10
The goal of crime prevention should be to neutralise and eliminate factors that contribute to the commission of crime. For instance, pre-trial investigation plays a critical role in this process.
Forensic science plays an important role in the adjudication of justice and in preventing mishaps at an early stage so that the burden on the criminal justice system can be reduced. 11 Consequently, effective crime fighting requires not only quick investigation and detection but also the identification and punishment of perpetrators and the implementation of preventive measures. 12 The belief that one can deceive investigators by concealing or tampering with evidence is a myth because analysis of evidence and interpretation by a forensic professional can solve a crime. Training the forensic team will have an impact on the crime rate. 13
Crime prevention that focuses on offenders, their targets, and situational fac- tors contributes to the deterrence of crime. 14 Reducing crime rates is critical to national security and can be achieved by unbiased leadership, impartial justice delivery systems for every individual, education, and professional, motivated, and energised bureaucracy. 15 The digitisation of conventional detection methods helps reduce crime. Scientific breakthroughs in emerging branches of forensic sciences such as digital forensics, Closed-Circuit Television (CCTV) forensics, drone forensics, and multimedia forensics are a boon. 16
In traditional policing, there is a physical presence of police personnel on the field. Nowadays, evidence-based policing involves statistical and geospatial analy- sis of crime. This helps to detect, prevent and mitigate crime and involves the use of CCTV surveillance. CCTVs are used to instil fear in the public and thereby reduce crime. The psychological effect of surveillance is the most important step in crime deter a person from misdemeanours. 17 As cameras can provide evidence, they make it easier to track criminals. The ultimate task in a court of law is proving the crime, failing which, criminals go unpunished, and this may even encourage more crime.
Security surveillance changed crime detection and tracking evidence became more precise and dependable, offering strong evidence in a court of law. Surveillance may, in fact, reduce crime to a negligible level. 18 Drones revolutionised remote surveillance and offer an aerial, and often, new perspective of potential threats and crime scene analysis. In recent years, when lockdown was imposed across the world, drones were used for crowd mobilisation, deterrence, and information dissemination. 19
However, technological advances can be directly proportional to increased crime rates due to ignorance in handling the devices. 20 The increased ease in the use of devices also increases the likelihood of becoming a victim of cybercrime. All law enforcement officials, along with the public, should have a basic understand- ing of digital forensics to ensure that better evidence is garnered from electronic devices. 21 The awareness about cybercrimes and precautions to be taken can help an individual from falling prey to digital crimes. Since forensic science is an appli- cation of various scientific tools and techniques, we can always make use of it for the prevention of crime. 22
This section gives an overview of various branches associated with forensic science.
Forensic Anthropology
The science of anthropology has been furnishing evidence to courts for centu- ries but without the qualifying word ‘forensic’. Forensic anthropology is a recent addition to distinguish it from physical anthropology or from other branches of anthropology. 23 The work relating to this speciality has increased so much that it needed a separate name.
The word ‘forensic’ means ‘pertaining to a court or law’. Anthropology means the science that deals with mankind, its evolution, and changes in man and his activities over time. It has many branches like social, biological, DNA profiling, medical, and archaeological and physical anthropology. 24 However, the main branch which helps in the dissemination of justice is physical anthropology.
Physical anthropology is concerned with the physical aspects of the human body, the body’s characteristics, developments, and changes that take place con- tinuously not only in a lifetime but even after death. 25 The body’s characteristics, continuous development, and changes are the resources that provide the forensic anthropologist with the evidentiary clues to assist courts in deciding anthropo- logical problems in criminal and civil cases. It also helps identify lost persons, including those who lose their memory. 26
Forensic Entomology
Forensic entomology is the application of knowledge relating to arthropods in the dissemination of justice. It mostly involves evidence related to insects which provide clues in criminal or civil situations. The utility of forensic entomology has been known for centuries. 27
Forensic entomology is one of the oldest branches of forensics and was used as early as the thirteenth century. However, it took shape as a discipline only in the 1970s. The knowledge about the necrophagous carrion action of insects on dead bodies and rotting flesh was utilised to determine the time of death by medico-legal experts and it had become a respected part of forensic pathology. There are extended branches to forensic entomology as well. 28
Forensic Photography
It is a matter of normal procedure that a scene of crime should be photographed. Photographs do not add significantly to the cost of investigation and trial but they do increase the conviction rate. Photographs from a scene of crime help because the presence of judges, juries, and lawyers at the scene of crime is rare. Photographs from the scene of crime help the court visualise the scene in the courtroom. 29 Photographs are superior to verbal or non-verbal descriptions and a video or a graphic film of the crime scene can often be quite educational. An investigating officer can overlook certain details from a crime scene. Good photo- graphs, especially a video of the crime scene, make these details available to him long afterwards. 30 The investigating officer may be influenced subconsciously by the account of a person with a bias and may examine the scene with a precon- ceived notion. 31 Facts can lead to different conclusions and a video of the scene can help in the verification of different versions.
Human eyes may miss incriminating details like washed bloodstains or a crime scene that has been disturbed. 32 Photographs provide a permanent record, verifi- able at later stages of the investigation. Tyre marks, foot marks, skid marks, and footwear marks are found on highways and busy roads. The marks cannot be picked up easily. 33 This kind of evidences/pieces of evidence needs special atten- tion and shall be given priority during its collection.
Recent Advances in Photography 34
Listed below are a few recent advances in technology:
Forensic Fingerprint
The very first major discovery in the scientific examination of crime was the iden- tification of culprits using fingerprints. The judiciary and the public took a while to accept the scientific value of fingerprints, 38 but it is now commonly used as evidence across the world.
Other than the fact that fingerprints can be classified and are often found as evidence at scenes of crimes, their use as evidence is important because they are unique, permanent, universal, inimitable, and persistent.
Forensic Physics
Forensic physics has traditionally involved the measurement of density (soil, paint, tool marks, and glass examination), the refractive indices of materials, and birefringence for fibre analysis.
A criminal arrives at, stays at, and then escapes a crime scene. He leaves trace marks in the form of imprints and impressions—together referred to as ‘marks’— of feet, shoes, tyres, claws, and the like all over the area. The evidence frequently establishes a convincing link between the culprit and the crime. 39 As a result, it must be thoroughly understood, gathered, analysed, and presented in court.
The marks help criminal justice systems in many ways for prevailing the justice. They help determine the number of culprits who were present at the site, provided the crime scene is not disturbed by visitors. Track marks/tool marks are helpful to track criminals even down to their houses, especially in the countryside, since there are fewer motorable roads. Moreover, thieves usually choose untrodden paths, such as fields, gardens, and stream beds and leave trace marks on paths taken both before and after the incident. 40
Forensic Document Examination
A document is any object, material, or anything that has a symbol, a figure, or writing on it which has meaning. It may be a piece of paper, a wall, a wooden block, glass, a metal sheet, skin, cloth, or tissue paper.
Documents play a crucial role in the life of an individual. We read, write, and sign documents for personal and official use. It may be a letter, a receipt, a cheque, or any other document. 41 If we place full stops on writing or accepting documents, the working of society may be adversely affected.
Criminals have been exploiting the potential of the falsification of documents. Thousands of forgeries and frauds are perpetrated every year with new meth- ods. The falsification of financial documents is a large criminal activity in every country and is on the rise. It is estimated that crores have been lost every year to financial frauds.
The art or craft of forgery requires patience, penmanship, practice, intelligence, and the courage to face the consequences. Detection of forgery is difficult because while it may be possible to detect a fake document, identifying its author is difficult. 42 Scientific detection of forgery is possible in a fairly large number of cases, but courts are wary of accepting the findings of experts as conclusive and sufficient. Courts want corroboratory evidence in all cases.
The art of handwriting identification is highly specialised and needs expe- rience, study, and patience. The rule of thumb is to never submit documents to unqualified, self-styled, or dishonest ‘experts’. Handwriting identification is based upon certain principles and the detailed evaluation and study of both class and individual handwriting characteristics. In fact, it has developed its own terminology.
The examination of a document, in its totality, needs a variety of equipment. However, for most situations, especially handwriting evaluation, a high-caliber magnifying lens with inbuilt illumination is sufficient. 43 An assortment of cameras and their accessories capable of taking photographs up to 1:1 size is required. A Digital Single Lens Reflex camera with changeable lenses meets most require- ments adequately. A good source of light, variable intensity, and manoeuvrability to throw the light at various angles are indispensable necessities. 44 Most gov- ernment laboratories use Video Spectral Comparator for examining questioned documents.
Forensic Toxicology
A poison is a substance, which on being absorbed into the body produces a lethal effect. In fact, any substance when taken in excess quantity can be lethal, like common table salt. However, in forensic toxicology, substances which are harmful even in minuscule amounts are called poisons.
Poisons are commonly used in homicides, accidents, and suicides. They are occasionally used to destroy animals and vegetation. 45 The detection and identifi- cation of poisons is an essential element of forensic science.
Most toxins are easily available and are given surreptitiously to the victim after gaining their trust. They are often easy to administer through food and beverage. The symptoms of poisoning may resemble those of an illness, leading the victim and their loved ones to believe that they are unwell.
The analysis is further hampered by the wide range of poisons accessible, as well as the increase in the number of synthetic medicines that are utilised as poisons.
Some drugs have chemical and physiological properties that are quite similar to one another. 46 Their analysis requires more refined, scientific techniques and an experienced analyst. The most frequent method of administration of poison is through food. The poison is mixed in sweetmeats, cooked food, or a drink. It may even be substituted for medicine. The victim may be made to inhale a poisonous gas or vapours from a poisonous liquid, or the poison may be injected into the body.
Several sensitive techniques are being used in toxicological work, like high-per- formance liquid chromatography. This instrument separates the chemicals dissolved in a sample mixture, allowing for qualitative and quantitative examina- tion of the components that are present in the sample and the quantity of each component present. Instruments like gas chromatography-mass spectrometer and high-performance thin layer chromatograph are used for the analysis of drugs and narcotic samples. 47
Cyber Forensics
Cyber/computer crimes are known by many different names, including cyber- crime, net crime, or electronic crime. They all involve computers and also the network in most crimes. Computer crimes include identity theft, hacking, and financial fraud. Many traditional crimes like theft, blackmail, forgery, embezzle- ment, fraud, and money laundering, among others, are conducted through the internet. Computer crime is an illegal activity involving computers. A computer can be an object of crime, an instrument of crime, or a repository of incriminating evidence. 48
The criminal can exploit the potential of the computer for committing fraud, counterfeiting money, committing bank fraud, laundering money, duplicating signatures, generating fake documents, spying, and theft of intellectual property, among others.
The use of the internet in cybercrime is its fundamental distinguishing feature. Cybercrime can be committed against countries, corporations, or individuals with criminal intent for personal gain at the cost of the victim, who may suffer men- tally, physically, or financially.
Cybercriminals employ the latest communication modes like SMS, MMS, Facebook, chat rooms, e-mails and Electronic Fund Transfer. Hacking and information piracy have threatened the security and financial health of countries. Pornography, child grooming, and copyright infringements are other crimes of major concern. Spam messages or e-mails are primarily a nuisance factor. 49
Computer crimes are classified as:
Investigation of cybercrime wherein the computer has been stolen, destroyed, or burned follows the same procedures as other kinds of property crime and poses no additional challenges. Other computer crimes include tampering with software, either on the computer or on the internet or a network. Both crimes need extensive computer skills and analysing such a crime requires computer expertise.
Location, collection, preservation, and dispatch of evidence to the forensic expert is called practical police work and is carried out by law enforcement agencies or private investigators. The success or failure of investigations and trials depend upon these processes. They generally follow the routine crime investigative pat- terns, but because of the highly complex technology and the minute nature of the devices, it needs special treatment and extra care in terms of handling the evidence to ensure that the evidence is not altered, deleted, destroyed, contaminated, muti- lated, or substituted. 59 It is essential that the investigating officer understands the basic principles and follows protocol to get the maximum and correct information for a successful probe. The basic principles are as follows:
The security of a state depends upon the prevention, investigation, and detection of crime and the effective delivery of justice. If one is dependent on traditional methods for solving crimes and delivering justice, a good conviction rate cannot be expected. Sometimes, potential criminals cannot be caught due to lack of evidence as the oral witnesses resile in court from their statements given before the police. They could have turned hostile because of threats or material gain. Thus, oral evidence does not remain reliable during the trial, and acquittals mean the public loses faith in the police, prosecution, judiciary, and government. This fosters a sense of insecurity among the people and to prevent that, we need to have full-proof methods of crime investigation, detection, and retribution for offenders. Forensic science provides infallible methods of crime detection, investi- gation and the effective administration of justice. Today, science offers us multiple techniques and technologies which have generated public faith in the criminal justice system through forensic science.
Today, tools like video spectral comparators are being used in forensic science laboratories and institutions for the forensic examination of documents like forged signatures, cheques, passports, licenses, cards, and currency. An elec- trostatic detection apparatus is used to identify the indentations on a paper; a stereomicroscope is used to examine trace evidence, comparison microscopes are used to compare cartridges and bullets, while fingerprint detection kits and poly- lights are used for the identification and development of fingerprints from a crime scene. Instruments like Fourier transform infrared spectrometer and energy dis- persive x-ray fluorescence spectroscopy are used for the identification of unknown materials and their compositions in fields like biology, geology, and chemistry. A 3D crime scene scanner, for instance, helps in crime scene reconstruction and preservation—allowing for permissible evidence in court. 62
As indicated earlier, forensics play a major role in the security of the nation by helping in the identification of crimes and criminals, decoding criminal minds, and gathering information and evidence related to crime using their expertise and knowledge.
Our lives today are controlled by computer hardware and software, either directly or indirectly. Similarly, the working of the criminal justice system, including that of the police, is also dependent, in several ways, on cyber forensics and artificial intelligence (AI).
What is AI? John Mc Carthy, 63 called the ‘father of AI’ in the mid-fifties, defined AI as the ‘science and engineering of making intelligent machines’. AI is the ability of a machine to perceive and respond to its environment independently and perform tasks that would typically require human intelligence and a deci- sion-making process but without direct human intervention. AI has the potential to be a permanent part of our criminal justice ecosystem and provide investigative assistance to criminal justice professionals to ensure a safer society. Human intelli- gence comes through learning from experience. It is this experience which is used in making machines that have AI.
AI has a deep impact on our lives today—from homes and cars, to finance and medical care—AI is changing the way we live. AI is used in agriculture, industry, education, communication, governance, service sector, manufacturing sector, finance, transportation, and medicine.
AI helps police officers in solving crimes. It is useful in crime prevention, predic- tive policing, and public safety or security. This is how AI is used in policing:
Artificial Intelligence helps keep people safe in crowded places like prisons. A number of major pieces of equipment used in forensic science benefit from the use of AI. Similarly, AI aids the analysis of DNA and helps in gunshot detection. Overall, it can facilitate scientific deterrence of crime. When used with appropri- ate data techniques such as AI, forensic science is able to curb cross-border crimes like illegal migration, infiltration, human trafficking, and smuggling of narcotics, explosives, and precious metals. There are long-range night vision devices and satellite technology for monitoring the movement of miscreants. Hence, forensic science has been and will be able to maintain both internal and external security of countries and can play a pivotal role in maintaining peace and harmony in society.
The potential threats of chemical, biological, radiological, and nuclear detec- tion and investigation can also be tackled by forensics. Every organisation today is partially or totally dependent upon information technology. This has led to both improvements as well as associated risks. However, with the use of technology, the internal security of a country is strengthened and external threats and risks are minimised. Information Technology aids in detecting frauds by combining struc- tured and unstructured data and thereby creating risk models, using advanced data analytics and machine learning.
Forensic science is the application of scientific methods and techniques for the purposes of justice. It is a tree consisting of branches such as forensic chemistry, forensic physics, forensic biology, anthropology, odontology, marine forensics, computer forensics, and many others—all of which have immense contributions.
Every branch of forensic science has a role to play under the umbrella term ‘national security’— which covers military and non-military dimensions such as countering terrorism, minimising crime, environmental security, and cyber security, among others. In the system of criminal investigation methodologies, forensic crime prevention plays a crucial role. It involves the use of scientific tools and techniques for extracting information which helps solve a crime.
Cybercrime is on the rise and poses a threat to both the digital world and national security. The use of digital forensics can make us forestall a crime from taking place. To oppose a criminal attack, physical, electronic, and procedural measures are taken into consideration. These measures are intended to deter criminal activity. However, intrusion detection systems also play a role in the prevention of crime. With the advent of technology, we are trying to adapt and keep ourselves safe. However, there are always two sides to a coin and this too has advantages and disadvantages. There is always scope for research in all areas of security and investigation to better the world we live in.
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Editors’ Comments While forensic science and technology have an important role in the criminal justice system and national security, behavioural science is another area to determine guilt or innocence. The next chapter argues that forensic science and behavioural science are two sides of the same coin since the former scru- tinises forensic clues at the scene of the crime, while the latter seeks to elicit stored crime scene information from the mind-body realm of the living. It also highlights several technologies that can be used in high-stakes law and justice matters. |
References