Forensic Archives - Legal Desire Media and Insights https://legaldesire.com/category/forensic/ Latest Legal Industry News and Insights Mon, 26 Feb 2024 04:57:06 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.2 https://legaldesire.com/wp-content/uploads/2018/11/cropped-cropped-cropped-favicon-1-32x32.jpg Forensic Archives - Legal Desire Media and Insights https://legaldesire.com/category/forensic/ 32 32 The Crucial Role of Expert Witnesses in the Criminal Justice System: Differentiating Investigation, Charges, and Guilt, and Exploring the Distinction https://legaldesire.com/the-crucial-role-of-expert-witnesses-in-the-criminal-justice-system-differentiating-investigation-charges-and-guilt-and-exploring-the-distinction/ Mon, 26 Feb 2024 04:57:06 +0000 https://legaldesire.com/?p=78164 It is important to clarify the distinctions between individuals who are being investigated, those who are charged, and those who are found guilty. Additionally, it is essential to differentiate between expert witnesses and forensic experts, highlighting the unique roles they play. I am both an expert witness and a forensic odontologist, and I understand the […]

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It is important to clarify the distinctions between individuals who are being investigated, those who are charged, and those who are found guilty. Additionally, it is essential to differentiate between expert witnesses and forensic experts, highlighting the unique roles they play.

I am both an expert witness and a forensic odontologist, and I understand the challenges faced by those who are currently in confusion. I believe that one of the ways to overcome prejudice and confusion and truly fulfill an educational and developmental role for younger colleagues is to study law.

Expert witnesses play a pivotal role in presenting specialized knowledge and opinions in court. They are called upon to provide objective analysis and insights regarding complex issues related to a case. These experts do not advocate for either the prosecution or the defense but instead act as unbiased sources of information. Their purpose is to assist the court in understanding technical or scientific evidence, providing clarity, and facilitating informed decision-making. Being investigated signifies that a person is under scrutiny by law enforcement agencies to determine their potential involvement in a crime or illicit action. It is a preliminary stage where evidence is gathered and evaluated to establish whether there are sufficient grounds for charging an individual with an illicit action.

When someone is charged, it means that law enforcement authorities have formally accused them of committing a crime. At this stage, the case proceeds to the judicial system, and the accused individual becomes a defendant in a criminal trial. The role of expert witnesses becomes crucial during the trial, where they provide their specialized knowledge to assist the court in understanding complex evidence and issues pertinent to the case.

Today it has become very clear that expert witnesses, with juridic and not only forensic knowledge, differ from forensic experts. While expert witnesses provide opinions and testimony respecting the procedural rules of a fair trial and the presumption of innocence until proven guilty, forensic experts specialize in applying scientific techniques and methodologies to analyze and interpret physical evidence. Forensic experts, such as forensic pathologists and forensic odontologists, focus on examining evidence such as DNA, fingerprints, Dental Data, or autopsy reports, and providing scientific findings to support the investigation or prosecution of a crime.

Expert witnesses provide unbiased insights and specialized knowledge to assist the court in understanding complex issues during a trial. They are distinct from forensic experts who apply scientific methodologies to analyze physical evidence. Understanding these differences is crucial in appreciating the unique roles and values that expert witnesses and forensic experts play in the criminal justice system.

 

Author:

Prof. Emilio Nuzzolese, DDS, LLB, MSc, PhD

Medico-Odontoiatra Forense, Associato di Medicina Legale,

Forensic Odontologist, Associate Professor of Forensic Medicine,

Head of Human Identification and Forensic Odontology Laboratory.

Department of Public Health and Pediatric Sciences, University of Turin

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Identifying the dead is a crucial part of grieving and Human Rights respect https://legaldesire.com/identifying-the-dead-is-a-crucial-part-of-grieving-and-human-rights-respect/ https://legaldesire.com/identifying-the-dead-is-a-crucial-part-of-grieving-and-human-rights-respect/#respond Thu, 28 Apr 2022 08:59:18 +0000 https://legaldesire.com/?p=61176 Returning an identity to unidentified human remains is a crucial part of the process of grieving for the loss of our beloved, and, for the families of the missing, a restart of life. The identification is also a respect of the Human Rights of the dead as without a name a person has no Rights. […]

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Returning an identity to unidentified human remains is a crucial part of the process of grieving for the loss of our beloved, and, for the families of the missing, a restart of life. The identification is also a respect of the Human Rights of the dead as without a name a person has no Rights.

Forensic experts involved in human identification collect information from Police, and families of the missing, compare them with the identifying features and data collected during the autopsy of unidentified human remains, and successfully restore the identity of a dead person.

One of the activity of the human identification process is Disaster Victim Identification (DVI) which is a more complex and often international operation. DVI specialists collect dental data and dental radiographs, DNA, fingerprints and other identifying features (tattoos, scars, jewellery during the post-mortem examination. Dental autopsies should be a priority in the preliminare reconstruction identification of the cadaver.

Information of the victims are also gathered from families and next-of-kin. These are usually medical and dental records, but also old radiographs and portrait picture and selfies showing teeth. Data collected is then compared with the post-mortem data in order, and through a reconciliation process, the victim’s identity is achieved.

Countries have set up DVI teams in order to respect best standards in human identification and allow international cooperation because mass disaster very often involve multinational casualties and injured. The international cooperation and the availability of resources is need, in order to respect high technical standards, ethics and dignified management of the dead. This is the reason why the volunteering association Forensic Odontology for Human Rights was created in 2015 in Lyon and have developed a network of over 100 experts from almost 30 nationalities.

An other key for best practice in the management of the dead is training and planning ahead of a potential disasters, in order to be ready with DVI specialists and resources in case of need. In the past few years I have organized training courses with the Association Dental Team DVI Europe, and since 2019 an educational program in forensic odontology and human identification at the University of Turin (sezione di Medicina Legale del Dipartimento di Scienze della Sanità Pubblica e Pediatriche). These programs bring together international experts on all field of human identification and develop long-lasting international cooperations. Currently we have developed the first university training course on Disaster Victim Identification with experts from eight nationalities, with collaborations with agencies like Blake Emergency, Kenyon International, and officers of the Italian Red Cross Military Corps. Our courses are also in English and are open to international attendees in order to train present and future generation of forensic experts.

 

 

 

About Author:

Prof. Emilio NUZZOLESE, DDS, LLB, MSc, PhD
Forensic Odontologist and Associate Professor in Forensic Medicine, Head of Human Identification Laboratory at the Medicolegal Institute of Turin, Italy. Expert witness in Civil and Penal Court for dental disputes and professional liability, Human Rights activist. Program Lead in Forensic Odontology training. Graduated in dentistry (DDS) and in Science in Law (LLB) at the University of Bari, Italy Holds post-graduate diplomas in Legal Medicine, in Forensic Sciences and in Forensic Odontology, and a Research Doctorate degree (PhD) on Analytic Morphometry. Participating odontologist in the Interpol DVI Forensic Odontology Sub-Working Group, since 2010. President and Founder of the Civil Protection Association Dental Team DVI Europe. Co-founder and Past-President and President-Elect of the Association Forensic Odontology for Human Rights (www.afohr.org). Fellow of the Odontology Section of the American Academy of Forensic Sciences, since 2011. Officer of the Italian Red Cross Military Corp since 1999 and Officer of the Reserve Medical Corp IT Army since 2007.

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FSL Delhi signed MOU with National Forensic Science University, Gandhinagar for promoting Academic, Research and Training Cooperation https://legaldesire.com/fsl-delhi-signed-mou-with-national-forensic-science-university-gandhinagar-for-promoting-academic-research-and-training-cooperation/ https://legaldesire.com/fsl-delhi-signed-mou-with-national-forensic-science-university-gandhinagar-for-promoting-academic-research-and-training-cooperation/#respond Thu, 17 Mar 2022 13:08:45 +0000 https://legaldesire.com/?p=60415 Forensic Science Laboratory (FSL) Home Department, Government of NCT of Delhi entered into MoU with National Forensic Science University Gandhinagar, Gujarat, on 16th Mar 2022 to promote mutual cooperation in educational and forensic research activities and establish a framework for programmes of exchanges and collaboration in areas of forensic for the needs of criminal justice […]

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Forensic Science Laboratory (FSL) Home Department, Government of NCT of Delhi entered into MoU with National Forensic Science University Gandhinagar, Gujarat, on 16th Mar 2022 to promote mutual cooperation in educational and forensic research activities and establish a framework for programmes of exchanges and collaboration in areas of forensic for the needs of criminal justice system as well in the interest of the Nation. The key areas are the Joint Research Programme, Joint holding of Conference/Seminar/Workshop/Training/Symposia, etc., Exchange of knowledge resource, Teaching, Training, Research, Exchange of Research materials, Publications, Library, Scientific Equipment, Software and Guidance and co-guidance facility for scientists and research students.
In the presence of Dr. J.M. Vyas, Hon. Vice-Chancellor, NFSU; Ms. Deepa Verma, Director, Forensic Science Laboratory (FSL), Home Department, Government of NCT of Delhi and Shri C.D. Jadeja, Executive Registrar, NFSU signed MoU. the FSL, Delhi and the NFSU signed a Memorandum of Understanding (MoU) for developing academic exchanges and cooperation in teaching and research, keeping in the mind the needs of the Criminal Justice Delivery System.
“The MoU envisages scientific and academic personnel exchanges and visits, and research in areas of academic and scientific interest. The MoU will support well-integrated collaborative forensic focused research through the development of specific projects and programmes” says Deepa Verma, Director, Forensic Science Laboratory, “We are pleased to enter into this alliance. This close association between the laboratory and academia ensures that intellectual capital and emerging technologies are brought together in ways that promote advanced use of science and technology in diluting criminal cases and improving the quality of reporting. It shall also help in creating an environment that is conducive to innovation and learning.”
Padma Shri Dr. J. M. Vyas, Hon. Vice-Chancellor, NFSU said “This MoU creates a mutual benefit to both the organizations. This close co-operation would be of major benefit to the student community to enhance their skill and knowledge to play a key role in technological up-gradation, innovation, and competitiveness in Forensic Science.
Emphasizing on the need of such collaborations, Asst. Public Relation Officer of the Laboratory, Dr. Rajnish Singh said, “From a broader perspective, it is very important to consider the collaboration and coordination between the University of National Importance and the Forensic Science Laboratory. The state-of-the-art laboratory, where evidence is examined with modern equipment, provides teaching, training, and communication with an institution of national importance. Research opportunities will certainly help in building a strong base for the forensic fraternity, which will ultimately benefit the stakeholders of the Criminal Justice System.
HOD CSMD Sh. SK Gupta said that The objective of the MOU is to facilitate a comprehensive partnership for imparting knowledge and skills in the areas of Research, Workshops and Professional Development Programme for students and professionals of both organization.
Each domain has a unique infrastructure that influences the production and application of different forms of knowledge in forensic science. The channels that can enable the interaction between two domains, enhance the impact of research in theory and practice, increase access to research findings, and support quality are presented. It is argued that a conceptual understanding of forensic examination that draws on the full range of both explicit and tacit forms of knowledge and incorporates the strengths of the different domains pertinent to forensic science, offers a pathway to harness the full value of trace evidence for context-sensitive, problem-solving forensic applications.

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Heredity in Fingerprints and Pattern similarities among family members: A Review https://legaldesire.com/heredity-in-fingerprints-and-pattern-similarities-among-family-members-a-review/ https://legaldesire.com/heredity-in-fingerprints-and-pattern-similarities-among-family-members-a-review/#respond Mon, 31 Jan 2022 07:15:57 +0000 https://legaldesire.com/?p=59361 Fingerprints are perforated ridges formed on the fingers. These ridges are also known as friction ridges and they form a unique pattern on which one can differentiate fingerprint patterns. On the basis of pattern, one can classify fingerprints as Arch, Loop, and Whorl. Out of all these the Arch pattern, lack both delta and core […]

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Fingerprints are perforated ridges formed on the fingers. These ridges are also known as friction ridges and they form a unique pattern on which one can differentiate fingerprint patterns. On the basis of pattern, one can classify fingerprints as Arch, Loop, and Whorl. Out of all these the Arch pattern, lack both delta and core and is rarest with 5% population, while the Whorl pattern is present over 25 to 35% of the population. And at last, there comes the Loop pattern which is present in 60 to 70% of the population which makes it a common pattern present in the world population. To further distinguish the fingerprint then comes the minutiae, which are responsible for individualism in fingerprint pattern and distinguishing individuals.

We know that these minutiae lead to uniqueness in fingerprint. But how these fingerprints are formed? The formation or we can say the development of minutiae depends on the initial conditions of the embryonic mesoderm. The factors which decide the minutiae are the exact position of the fetus inside the womb, the nearby amniotic fluid density, and composition. In addition to this, there are countless environmental factors which decide the formation of fingerprints or we can ridges. [1, 2]

Now if a question arises, are these fingerprints Hereditary? If yes, what are the similarities among the family members? To answer this question major studies on correlation in the fingerprint class (arch, whorl, and loop), correlation in between other generic attributes such as a number of ridges, the distance between two ridges i.e., ridge separation, total width of the ridge, and the depth of the ridge are done from the same family and different families, siblings, twins, homozygotes twins, an unrelated person belonging to the same race. [3]

From the recent research, one can say there is some hereditary information which passes from one generation of the family to another as hereditary information. In one study, three-generation fingerprint data of 324 subjects of 54 different families were studied, and of which it was concluded that 85.19% of families were having the similar finding while 14.81% were the only families whose ridge patterns were dissimilar to those of parents. Thinned ridge patterns on fingers were investigated by using a total number of minutiae points, Location of minutiae, minutiae density and inter-ridge width. This study revealed that in intra-class members of all three generations the fingerprint was associated with each other. [4]

In another study, the data of 46 families were selected for the study, and an impression of the palmar surface was collected from all three generations of the families. The families were selected from West Bengal and Delhi, India. In this research, some common ridge characters such as bifurcation, trifurcation, ridge ending, enclosure, and short ridge were taken into consideration or knowing their appearance in all three generations.

The study revealed that the families showed the similarities of ridge character but those characters were not placed at the same location of the different individuals of families. Quantitative dermatoglyphics features, when compared with an unrelated person, showed very low concentration values when compared to the familial correlation values. Paternal influence on the child was slightly more as compared to the maternal influence for most dermatoglyphics fractures except for the ridge count, but the difference did not reach statistical significance. At last, it was found that palmar surface features can be found similar among generations but the size and measurements differ. [5, 6]

In another study, to determine the level of correlation among fingerprints of parents and children, around 800 fingerprints from Mother, Father, Daughter and Son of 20 different families were taken into consideration. And from the analysis, it was found that the class pattern on the children is inherited from the parents as children share half the genes from both the parents.
From the result shown in the table below it can be said that there is a close correlation that exists between parents and child in the case of pattern classification. And their research it was also found that the deciding factor for child pattern is both their parents’ pattern. And it was also found that if the correlation between both the parents is high then it will lead to a high correlation value of the child to parent and child to child. [3, 7]

Correlation Between Percentage %
Father Mother 80%
Female Child 80%
Male Child 80%
Mother Female Child 50%
Male Child 70%
Child Child 70%

Table: Correlation Data [3]

Using novel classification a study was conducted between 50 families in which the father mother and child were included. The classification was done using novel classification, and pedigree tree. It was found that the possibility of the appearance of the same pattern in offspring as that of parents in thumb was 84%, 76% in the index finger, 84% in the middle finger, and then 88% for the ring finger and at last, the possibility for little finger was 92%. From the study, the dominance of pattern from parents to the offspring was also determined, and it was found that loop pattern in all families remained predominant in both cases. In singles with more than 60% and combined distribution is more than 75%. Then comes the whorl with less than 25% and at last was the arch pattern with less than 22%. [8]

From all the study and research it was concluded that the fingerprint pattern or ridge characters do get transferred from one generation to the other generation, but the exact location or size of the ridge can’t be the same even in the same family. Which genes are responsible for determining fingerprint is also not known. If a sibling shares the DNA, they have a high chance of similarity in their fingerprint pattern as compared to the unrelated people. [9] Person of the same race but are unrelated have very little global similarity but related people have very high global similarity as child shares genes from both the parents. [3]
So from all the studies, it can be concluded that the fingerprints are more determined genetically as compared to environmental factors. But the pattern in which the pattern is inherited is more complex than simple it is not based on the co-dominance. [9]

References:

  1. Chockaian, K., Vayanaperuma, R., & Kanagaraj, B. R. (2013). New approach for identifying hereditary relation using primary fingerprint patterns. IET Image Processing, 7(5), 423-431.
  2. Jain, A., Chen, Y., & Demirkus, M. (2006, August). Pores and ridges: Fingerprint matching using level 3 features. In 18th International Conference on Pattern Recognition (ICPR’06) (Vol. 4, pp. 477-480). IEEE.
  3. Obaje, S. E. (2011, April). Hereditary trends in parent and offspring fingerprint classes. In 2011 3rd International Conference on Electronics Computer Technology (Vol. 3, pp. 475-478). IEEE
  4. Karthikeyini, C., Rajamani, V., & Bommanna Raja, K. (2014). Exploring fingerprints using composite minutiae descriptors to determine hereditary relation across multiple generations. International Journal of Biomedical Engineering and Technology, 15(3), 224-242.
  5. Saha, T., & Chauhan, A. DETERMINATION OF GENETIC INHERITED FEATURES IN PALMAR SURFACE AMONG THE FAMILY MEMBERS.
  6. Dermatoglyphics, I., & Later, F. Y. (1979). Birth Defects Origi-nal Article Series. March of Dimes: Washington, DC, 591-607.
  7. Costello, D. (1999). The perfect deception: identical twins. Wall Street Journal233(28), B4.
  8. AİGBOGUN, E., IBEACHU, C., & LEMUEL, A. (2019). Fingerprint pattern similarity: a family-based study using novel classification. Anatomy13(2), 116-121.
  9. ABD ALHALIM, S. M. A. (2018). COMPARISON BETWWEN FINGERPRINT PATTERNS OF THE SIBLINGS AND THEIR PARENTS (Doctoral dissertation, Ahmed iIbrahim Luka-).

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“Who are Super Recognizers?” https://legaldesire.com/who-are-super-recognizers/ https://legaldesire.com/who-are-super-recognizers/#respond Fri, 07 Jan 2022 02:30:52 +0000 https://legaldesire.com/?p=58871 Humans are considered to be smartest species on earth, they are equipped with unmatchable ability to understand, comprehend and communicate, which out pars the other species in the animal Kingdom. Humans learn to adapt according to their surroundings and evolve constantly for their better survival. They are blessed with cognitive abilities or general intelligence which […]

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Humans are considered to be smartest species on earth, they are equipped with unmatchable ability to understand, comprehend and communicate, which out pars the other species in the animal Kingdom. Humans learn to adapt according to their surroundings and evolve constantly for their better survival. They are blessed with cognitive abilities or general intelligence which is an important factor for manifesting the skill of adaptation and survival. Cognitive abilities can be defined as the capacity to reason, plan, solve problems, think abstractly, comprehend complex ideas, learn quickly, and learn from experience.

The term Super recognizer was devised by researchers of Harvard University and University College London in 2009 to define people who have commendable abilities to recall faces. Super recognizers also called as super matchers have significant innate cognitive abilities to recognize and recall faces. These individuals possess an uncanny knack in recollecting and recognizing the facial appearance and features of a person even if they have met them briefly.

An extensive study was conducted by the researchers at York University to understand the average number of faces that a human can remember in their entire life span to understand the cognitive ability of the brain and it was found that our brains have the capacity to remember an average of 10,000 faces over the entire course of life, out of which an average person can be able to recall around 5000 faces. In another ingenious study conducted by researchers of Bournemouth University’s Centre for Face Processing Disorders (CFPD) it was found out that 2% of the population have super-enhanced facial recognition skills which can be used to both distinguishing faces of different people and also recognizing those that they may not have seen in decades, or those that they have only encountered briefly. This truly exceptional skill of recognizing people possessed by a super recognizer can be put to great use by refining and grooming the cognitive ability, to identify and distinguish individuals. Super recognizers can prove to be an asset to law enforcement agencies and can help in reducing the time taken to solve a crime. The poisoning case of Russian ex-spy Sergei Skripal and his daughter Yulia highlights the importance of identifying people with this ability and deploying them in law enforcement agencies for effective investigation of crimes.

On September 5, 2018 the Metropolitan Police released a handout photo which was a CCTV image of the two suspects that were involved in the poisoning of Russian ex spy Sergei Skripal and his daughter Yulia in Salisbury. The British authorities were successful in recognition and identification of the two men with the help and expertise of the members of a special unit at the Metropolitan Police called the super-recognizer unit. The detectives in the unit watched over ten thousand videos and were able to apprehend the two suspects who were the agents of the GRU, the Russian military intelligence service that were responsible for the murder of Sergei Skripal and his daughter Yulia.

Why do we need Super Recognizers?

There are many facial recognition tools available in the market today. The prevailing facial recognition technologies existing today are excellent tools for identification of suspects and play a major role in faster recognition and identification, by narrowing down and locating the suspects pertaining to a crime; however, the use of technology is more prone to errors and can result in false-positive identification of an individual which can cause an innocent to be a suspect in the court of law and falsely apprehended for the same.

Even though facial recognition technology is considered to become increasingly accurate, the case of Nijeer Parks a 31 year old black man residing in Paterson, New Jerseyis an example of the erroneous recognition through facial recognition tool due to which Mr. Parks was falsely convicted for heinous charges of aggravated assault, unlawful possession of weapons, using a fake ID, possession of drugs, shoplifting, leaving the scene of a crime, resisting arrest and also assaulting a police officer with a car. He was sent to jail and spent an entire year to provide the poof of his innocence. At the end of the yearlong court battle, it was found that the facial recognition tool had made a false match because of its inaccuracy in matching the faces of darker skinned people.Technology and human intelligence combined can solve more crimes and improve the rate of crime prevention and deterrence.The employment and use of Super recognizer by law enforcement agencies can curb and detect the errors made by the Facial recognition tools and can help in apprehending criminals using images obtained from surveillance cameras.

Super recognizers can be used in assisting police and other security agency forces to identify suspects captured on CCTV or any other recording device. The major limitation of using facial recognition tools is that the tool is bound to make errors in the cases of disguise and fails to make a probable match. In such cases the expertise provided by Super recognizers can be useful in apprehending criminals whilst on patrol, at checkpoints and airports thereby improving the percentage of crime detection in India. The super recognizers can also help linking criminals to different crimes that they have committed, and can help in solving crimes faster and efficiently.

 The practice of identifying and enrolling people that are equipped with a unique ability for recollecting faces, for investigative purposes is a foreign and an unknown concept here in India.

The various existing security forces in India can identify and deploy super recognizers to make use of their exclusive ability by exploiting their inborn potential for the greater good.Surveillance cameras are everywhere around us, they capture thousands of images of people, but their use can only be maximized if they are sources who can identify and recognize the people in it. The addition of super recognizers in law enforcement agencies can help in boosting the investigation done through CCTV cameras. Individuals with this ability should be identified and trained to be, a resourceful tool in guiding forensic investigations that deal with facial recognition and the same can be used to reform the existing policing in India.

How to know if you are Super Recognizer?

According to research, the term super recognizers are awarded to people that can recall 80- percent of the faces that they have come across in a day, when compared to an average human that can recall about 20 percent of the faces that they have seen in a day. There are various tests available online that can help you assess yourself, and evaluate whether you have this innate ability to recognize faces. There are many universities abroad that provide standard courses and training to super recognizers. However to identify whether an individual is possessing these super enhanced skill of facial recognition, a preliminary test is conducted and later the ones identified, are trained to sharpen their skill and are bestowed with an official recognition of the same.

So far countries like UK, Germany, Japan and Australia have identified such people and have established super recognizer units, other countries like Argentina and Iraq are yet to begin their training to start the same.

In India there is a dire need to identify such people and deploy them for curbing crime. With a vast population like ours, human Super Recognizers can reinforce the accuracy rate of automated facial recognition systems to make them more accurate and identify suspects by using their natural skill and useful intelligence to produce admissible evidence thereby improving crime rate in India.

Super Recognizer Course in India

The world’s first “Super Recognizer Unit” was set up by Mike Neville who is currently the Chief Executive Officer of Super Recognizers International Ltd and also the Managing Director of Neville Forensic Recognition Ltd. Super Recognizers International was created with the mission to use the natural ability of super matchers which has been identified by conducting a preliminary exam with the help of the University of Greenwich and its own internal testing to offer a full service around CCTV based investigations. With a vision to identify such people here in India, an exclusive MOU was signed between National Forensic Sciences University and Super Recognizers International, UK on 7th July 2021 to identify and offer training for such super matchers.

With the MOU in effect, the country will witness a one-of-a-kind course to identify and train individuals with innate cognitive abilities to become human super recognizers. The course will help the super matchers to nurture and improve their skill and teach them to get the most out of images with the strategic use of images. The course will impart necessary knowledge to spot unusual/ suspicious behavior and also how to study face and gait features for spotting the suspect.

The fruitful collaboration of NFSU & Super recognizers International promises to be a game changer and represents to introduce a novel technique that is both unique and unknown to the existing Indian investigative techniques. On introducing and implementing this new approach, a revolution is yet to come and its impact can be seen in the field of forensic science and wider society.

The introduction of Super recognizers in Indian law enforcement agencies will be a turning point in the future of forensic investigations and will help to bring about justice and decree faster to those who have already suffered an immense loss and trauma due to the violence incurred to them because of the crime committed by the criminals.

Author

Krittika Sood, Research Assistant, NFSU in Collaboration with BPR&D

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An Era of maintaining Digital Decorum https://legaldesire.com/an-era-of-maintaining-digital-decorum/ https://legaldesire.com/an-era-of-maintaining-digital-decorum/#respond Thu, 06 Jan 2022 02:30:25 +0000 https://legaldesire.com/?p=58866 Introduction Internet communication has become a part and parcel of today’s digitized world. To maintain a healthy communication over the internet digital decorum has also been evolved over time. Digital decorum more commonly known as Digital Etiquette or Netiquette is basically etiquette on the internet. “Digital etiquette refers to correct proper, polite, acceptable, social, official, […]

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Introduction

Internet communication has become a part and parcel of today’s digitized world. To maintain a healthy communication over the internet digital decorum has also been evolved over time. Digital decorum more commonly known as Digital Etiquette or Netiquette is basically etiquette on the internet. “Digital etiquette refers to correct proper, polite, acceptable, social, official, professional norms, behavioural patterns and accepted decorum for using the internet or the cyberspace for communication purposes”. These are the general communal rules for gentle and respectful interaction between the people in a communication medium in which the form of communication is either one-to-one or one-to-many. These rules of communication are not legally bind but commonly accepted suggestions for interpersonal communication in digital media. Digital platforms like newsgroups, e-mail, social media, forums, chats or communities, digital classrooms and online meetings must follow digital decorum for effective communication. Nowadays, digital etiquettes have become an integral part of digital communication. Digital decorum plays an important role in effective communication and leaves a fingerprint of one’s thought in virtual communication.

Importance of Digital Decorum in the digitized era

Virtual communication has become a part of daily routine. From waking up in the morning to going to bed at night we all are surrounded by digital media, e-meetings and e-learning. So, it is necessary to understand how should be our behaviour and what things we should have adopted for making virtual communication effective. Thus, digital decorum helps us to educate about do’s and don’ts in internet communication. In today’s world everyone is leaving their online footprint through social media. And this online footprint tells about the person’s thoughts and behaviour which helps companies to search for potential employees online before hiring. So, it is important to follow digital decorum even on social media and other platforms to get a good placement. Everyone has freedom of speech and digital media has become a platform for writing our opinion online which affects one’s personal reputation either positively or negatively. So, it is important to “THINK” twice before posting anything on social media. Digital decorum teaches one’s how to use social media. Non-verbal cues are somewhat difficult to understand in internet communication, especially when the communication involves e-mails and messages. Thus, good digital etiquette is to be clear in what one’s writing in e-mails and messages. Digital decorum should be added to the educational curriculum to teach students about maintaining good virtual communication and preventing situations like cyberbullying and damage to personal reputation.

Rules of Digital Decorum

Remember the human: The general rule of digital decorum is to remember the person and to behave online in the same manner as the way one behave in offline communication. Most people get into trouble while communicating online because they often forget that they are communicating with real people itself only the medium of communication has changed. It’s normal to misunderstand the context of someone’s word when you can’t see their facial expression and body language so it is important to keep that person in mind while reading their e-mails, messages, etc.

Adhere to the same standards of behaviour online that you follow in real life: Being anonymous, or at the very least faceless, has freeing effect, allowing you to say things you wouldn’t say in person. You can type it, upload it then log out of social media or shut down your computer. This may help you to ignore everyone’s response for a while. However, this type of online behaviour can still get you in trouble – just not as quickly as if you were listening to their response in person. Copying another person’s work, for example, maybe illegal. Furthermore, claiming someone did something when they didn’t may be considered defamatory and harm their reputation. So, it is important to follow ethics even when you are communicating online.

 Know where you are in cyberspace: As each online forum and domain has its own set of regulations, it is important to know where you’re writing — and who your audience is. What is good to one group may appear against another’s mentality or customs. For example, if you mistakenly post about your views on a particular political party and all the way you think about their work ad agenda and you are communicating to that political party chat group on social media, you may receive comments from offended group members.

Respects other’s time and bandwidth: In today’s world, information overload can be overpowering. It’s important to respect people’s time by communicating online in a concise and to-the-point manner. It’s also important to remember that your messages, whether they’re sent via email or posted on the internet, take up space in storage systems. It’s not a good idea to spam mailing lists with huge files or needless information.

Make yourself look good online: Content is key in online communication. Grammar and spelling also play an important and meaningful part. Before posting anything about you think you “KNOW”, be sure you actually know about everything that you are talking about. Keep it short and precise than showing off. It is important to keep in mind that not to write a message in all caps as it is understood to be similar to shouting at the recipient.

Share expert knowledge: Nowadays sharing and retrieving expert knowledge and information has become easy due to expanded online communication. Sharing knowledge is one of the good thing. If you are an expert and have research or news to share, you can just write it and post it.

Help keep flame wars under control: Flaming, on the other hand, appears to be common in the cyber world, where people aim to stir up controversy by expressing strong and offensive sentiments. While it may be anticipated in some forums and chat rooms, it is not welcomed in others. Chat rooms are very fascinating. Swearing, creating flame fights, or making comments that you know will spark debate are all poor digital etiquette. It is better to avoid all these flame fights.

Respect one another’s privacy: Freedom to share data at the click of a button comes at a cost. Respecting the privacy of others is an essential digital etiquette rule. Doxxing is the practice of publicly identifying or posting private information about someone as a kind of revenge or punishment. You should also avoid from spying around on someone else’s computer or email to obtain information that would otherwise be unavailable to you. Others may be tempted to try to acquire access to our personal information if everything is written down. So avoid not posting each and everything on the internet.

Don’t abuse your power: For example, System administrators, may have more influence in cyberspace than others. However, there are some boundaries that should not be broken, such as accessing other people’s personal information. People in powerful positions may use social media platforms to get an advantage over their opponents or to knock others down because they can and because they have a large following. It’s a good idea not to abuse this ability or say something on the internet that you might regret later.

 Be forgiving of other people’s mistakes: Mistakes are unavoidable in a forum regulated by the written word and individual writers. While some are costly or embarrassing than others, it is wise to be forgiving if possible. We should all be cautious about providing inaccurate information, especially if it could harm someone’s reputation. If someone says something harsh about us without intending to offend, we should try to forgive them and accept their mistake.

Conclusion

Social media has made networking so convenient that everyone can be connected now. It has endless opportunities for people. There are so many platforms like Instagram, Facebook, Twitter and so on. It is so easy to buy Instagram followers from Thunderclap or from other sources, or get Followers for Facebook accounts to increase the engagement. People find it very helpful to do online business, shopping and much more through these platforms. But the most important thing is in today’s digitized world a person should be aware of his activities and communication over the internet. Digital decorum refers to a set of behavioural rules that relate to various kinds of communication over the internet. Online communication is the same as offline communication if we understand the basics of digital decorum. New technologies and innovations are being developed day by day over the internet, all that we need is to learn how to use them for our wellness. Digital decorum is the perfect set of rules to maintain peace and healthy communication over the internet.

References:

  1. The Growing Need of Netiquette in the Digital Age, Dr. Sonia Agarwal & Dr. Manu Agarwal, IOSR Journal of Engineering (IOSRJEN) www.iosrjen.org ISSN (e): 2250-3021, ISSN (p): 2278-8719 Vol. 07, Issue 03 (March. 2017), ||V1|| PP 70-72.
  2. Netiquette: https://en.ryte.com/wiki/Netiquette#:~:text=Netiquette%20refers%20to%20a%20collection,to%2Dmany%20communication%20takes%20place [Last accessed on 31-10-2021].
  3. The importance of netiquette in digital age. https://www.groupdiscussionideas.com/the-importance-of-netiquette-in-the-digital-age/ [Last accessed on 31-10-2021].
  4. Social Netiquette. https://www.ncpn.info/2016-handouts/Social-Netiquette.pdf [last accessed on 31-10-2021].
  5. Rules of Netiquette Research Paper All. (2017, Jul 10). Retrieved from https://graduateway.com/rules-of-netiquette-essay-research-paper-all/.
  6. The core rules of netiquette. http://www.albion.com/netiquette/corerules.html [Last accessed on 01-11-2021].
  7. 10 netiquette rules to maintain a good online reputation.  https://us.norton.com/internetsecurity-kids-safety-what-is-netiquette.html [last accessed on 01-11-2021].

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Application of Argon Ion Laser in Forensic Science https://legaldesire.com/application-of-argon-ion-laser-in-forensic-science/ https://legaldesire.com/application-of-argon-ion-laser-in-forensic-science/#respond Fri, 31 Dec 2021 05:44:51 +0000 https://legaldesire.com/?p=58808 An Argon ion laser is a type of gas laser that generates multiple watts of optical power. It is also a continuous-wave laser. In the blue-green spectral range, it emits a series of strong spectra of coherent monochromatic radiation. 488 nm and 514.5 nm are the two strongest lines. The laser can be operated in […]

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An Argon ion laser is a type of gas laser that generates multiple watts of optical power. It is also a continuous-wave laser. In the blue-green spectral range, it emits a series of strong spectra of coherent monochromatic radiation. 488 nm and 514.5 nm are the two strongest lines. The laser can be operated in all wavelength modes to create a powerful beam of blue-green light, or a prism can be employed to choose a specific spectral wavelength of light. Laser examinations are usually non-destructive and are best used before surgery.

Laser radiation’s monochromatic qualities are especially useful for studying light marks like shoeprints or other marks up close. They have a large boost in brightness when lighted obliquely by laser energy.

After picking the prints, the diverging laser beam is used to ‘paint’ them obliquely. The laser should be operated at a low power level, typically less than 50 mW, and the beam should not be directed at the eyes.

Construction

An Argon ion laser is composed of a long, thin discharge tube formed of beryllium oxide that is filled with argon gas and has two Brewster’s angle windows at each end. Because two mirrors are arranged perpendicular to the length of the tube, the discharge tube acts as an optical resonator. One of the mirrors is somewhat reflective, while the other is completely reflective. A large current flows when a voltage is supplied between cathode and anode. Due to high currents, argon ions travel constantly toward the cathode and electrons toward the anode. Low-mobility ions tend to gather at the cathode, neutralize, and slowly flow back into the discharge tube. To balance the dispersion of argon ions, the discharge tube comprises a return tube. The ions are accelerated by the electric field, resulting in a high temperature of around 3,000 degrees Kelvin. As a result, a cooling system based on water is required. The heated ions impact the tube, perhaps causing damage. This wall damage can be decreased by employing a material with better thermal conductivity, such as graphite. A steady magnetic field parallel to the axis is supplied in the discharge zone to boost the pump rate and output power. This discharge is confined to the tube’s center by this field, which increases the number of electrons near that axis.

Figure 1: Construction of an Ar ion laser (shabbusharma, 2020)

Working

The Argon ion Laser has four levels of operation. When an electric discharge passes through the tube, argon atoms are pumped to energy level E3 by collision with electrons. The first stage involves ionising neutral argon atoms and raising their energy level to E. The ion in the ground state is accelerated to energy level E3 in the second step. Either by spontaneous or induced emission, the excited argon ions in energy levels E3 fall back to energy level E2. Ions in the energy level E2 disintegrate gradually to the argon-ion ground state, emitting a 720 nm photon (ultraviolet photon). To stimulate identical photons, in front of one of the cavity’s mirrors a prism is put to pick a specific wavelength for repeating oscillations.

Figure 2: Energy levels of an argon ion (shabbusharma, 2020)

Advantages

  • An Argon laser has a very high gain.
  • An Argon ion laser has a wide spectrum, which means it emits a variety of wavelengths.
  • When compared to the Helium-Neon laser, the argon laser produces a higher output.
  • An Argon laser has an extremely small divergence.

Disadvantages

  • It necessitates the use of a high-voltage power supply.
  • An Argon laser has a higher cost than a Helium-Neon laser.
  • An Argon laser has relatively low efficiency.
  • An Argon laser requires a significant amount of power to operate.

Applications

Shoeprints

It is frequently possible to obtain significant amplification of light details in shoe impressions left on objects at the scene of the crime using laser irradiation. Wood, plastic, and vinyl-covered chairs have all yielded positive results. The impressions will develop on an absorbent background in certain cases, while they will be absorbed on a fluorescent background in others. On a luminous background, prints will absorb.

Blood is absorbed in 488 nm light powerfully, and the floor fluoresced brightly yellow, significantly emphasizing the delicate detail. These outcomes can be seen here by using yellow safety goggles or an appropriate laser-absorbing filter.

A detail that would otherwise be imperceptible is revealed when weak shoe impressions are exposed obliquely by the most appropriate laser range. This is due to the monochromatic radiation’s sensitivity. When it is compared to the susceptibility of conventional sources, it can detect even the tiniest quantities of dust or oil on a surface. This work does not allow for the use of safety goggles, so it is necessary to employ low-powered laser radiation.

This technique was used to photograph objects that had been created with powder and couldn’t be lifted.

Figure 3: (a) Shoeprints under normal light (b) Shoe impressions under laser light (Creer, 1982)

In another example, shoeprints were located on a door. When the culprits were apprehended, it was discovered that the images were lacking in detail, making a comparison with the suspects’ shoes impossible.

The offence was committed, and no evident indications of shoeprints on the floor were found. A laser check was performed on the door in the laboratory. Under oblique illumination, the clear patterns of two different shoe bottoms were seen. Techniques such as electrostatic lifting, ultraviolet, infrared, and polarised light contrast filters are always used in conjunction with laser inspection of shoeprints. Argon lasers are immovable due to their massive power sources and water cooling requirements. Therefore, using a laser to study shoeprints has considerable limits.

Fingerprints

Many routinely handled chemicals, such as oils, greases, inks, paints, and dyes, fluoresce brightly when exposed to laser light. As a result, there’s a good likelihood that latent finger impressions will fluoresce when exposed to laser light. The absorption of blue or green radiation by blood is substantial, and it can be amplified if the fluorescences are in the background.

This type of analysis is unlikely to harm the impressions, and they should be evaluated before using powder or chemicals to develop them, which may reduce any natural fluorescence. It was also hypothesized that examining ninhydrin-generated impressions with a laser could provide information that would be invisible under normal illumination conditions. In one case studied in the lab, evaluation under 488 nm laser light resulted in a considerable increase in the number of ninhydrin-generated marks on plaster.

Figure 4: (a) Under normal lighting, paper treated with NBD chloride (b) under laser light at 514 nm (Creer, 1982)

Compounds that adhere to latent prints and cause them to glow under laser excitation have been the subject of extensive research. 7chloro-4-nitrobenzo-2-oxa-1, 3-diazole (NBD chloride) is a particularly interesting agent. It reacts with the compounds present in fingerprints, causing them to glow in the presence of laser blue-green radiation. The fundamental advantage of this method over ninhydrin treatment on absorbent surfaces is that it does not discolour the documents. It looks like it may be more sensitive, but this does not rule out the possibility of further treatment.

Erased Writing

The technique of strong monochromatic light, inducing luminescence in extremely minute remnants of components, is particularly beneficial in the investigation of erased writing on suspected materials. Under blue or green laser light, the weak, often imperceptible ink traces on paper may fluoresce significantly in the bright yellow or red spectral areas. In the study of documents, a variety of techniques are commonly used, including UV light, infrared, and infrared luminescence.

However, there are a few instances in which all traditional methods fail. These examples are now frequently studied with an argon-ion laser.

Transfer of inks to other surfaces

When bank credit or debit cards, transport tickets, driver’s licences, and other documents are kept in a wallet that is made of plastic for a long period, chemicals from various inks are prone to migrating to the plastic. This is hardly viewed under normal conditions, but it has been found as a bright fluorescence during laser lighting.

Paints

In a restricted laser analysis of paint, significant variances in fluorescence were discovered, particularly in white paints. The fibre optic bundle makes it simple to use the laser beam with a microscope, and the results are excellent. Through the use of an appropriate barrier filter, it can be observed or photographed.

Fibres

Many fibres fluoresce brightly when excited by laser light, and the laser can be used to scan garments for such fibres. TLC plates of dye samples can reveal lines from threads that aren’t visible using traditional procedures, and the fibres can be inspected microscopically under laser energy.

Vehicle Examination

Under laser radiation, traces of previous estimates on stolen automobile registration number plates were spotted and photographed. An inspection of the inside of a tyre revealed a patch on the wall of the tyre, indicating that the tyre had previously been in contact with an inner tube. Oblique laser lighting could be useful in accident investigations to reveal traces of light fabric markings or other impressions that aren’t visible under normal lighting. This job could be done with a 25 mw laser that has been tested for shoeprint analysis.

Figure 5: (a) Number plate of a vehicle under natural light (b) Through a yellow 535 nm filter, a vehicle number plate was photographed under 514.5 nm radiation (Creer, 1982)

Glass

When glass or other transparent objects are put in the path of the diverging beam of laser light, strong interference patterns have been seen. Without safety goggles, this can be viewed at the lowest laser power.

Future Prospects & Conclusion

In the short time that the laser has been in use in this facility, it has proven its worth in a variety of fields. So far, only its remarkable monochromatic qualities have been used. It may also be used in the investigation of metal stress and fatigue in car accidents.

Another topic to investigate is the employment of a light chopper in conjunction with a camera and intense laser radiation to separate phosphorescence from fluorescence. Because they both glow under laser light, erased writing and fingerprints are frequently indistinguishable from the background. If the decay times of the two compounds differ, as appears to be the case, it may be able to photographically distinguish them. To investigate this idea, a light chopper consisting of a disc with opaque parts and a speed motor is being developed.

The forensic science potential of larger lasers is great when compared with the results of the small laser. Although argon-ion lasers have a high initial cost, they prove to be very cost-effective equipment when compared to the findings acquired in a short period of time, and they appear to be on their way to becoming standard equipment in most forensic laboratories.

References

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Forensic analysis of glass evidence: Past, Present and Future https://legaldesire.com/forensic-analysis-of-glass-evidence-past-present-and-future/ https://legaldesire.com/forensic-analysis-of-glass-evidence-past-present-and-future/#respond Mon, 27 Dec 2021 09:02:00 +0000 https://legaldesire.com/?p=58000 Introduction Glass is the most frequently occurring transfer evidence found at crime scenes. Generally, it is encountered in scenes involving burglary, hit and run, shooting scenes and housebreaking and theft etc. Broken glass is easily transferred to objects and individuals present at the scene of crime, thus it is possible to link a suspect to […]

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Introduction

Glass is the most frequently occurring transfer evidence found at crime scenes. Generally, it is encountered in scenes involving burglary, hit and run, shooting scenes and housebreaking and theft etc. Broken glass is easily transferred to objects and individuals present at the scene of crime, thus it is possible to link a suspect to the event and the items as well as to the individuals present at crime scene [1]. Glass analysis mainly involves classification, discrimination and individualization of the glass evidence [2]. Classification can also be called identification. As different kinds of evidence samples may be encountered at the same crime scene it is important to identify the exact source of that evidence sample. Discrimination comes after classification, as it excludes the evidence if it does not match the source. Individualization is a determination process that every sample is unique even among other samples of same class. According to the law of individuality, every evidence sample have unique characteristics that differentiate it from the class of evidence. Physical matching is the only method of glass individualization. Physical matching of the known broken sample fragments with the questioned sample enables the individualization of glass evidence and eliminates all other sources [2]. In case if physical matching is not possible then other methods of analysis are performed. Other forensic analysis of glass consists of comparison of various physical properties, optical properties and elemental analysis techniques [3].

History of forensic analysis of glass evidence

Various kinds of glass evidences can be encountered at the crime scene such as small glass fragments, broken glass pieces, window planes, headlights, etc. Every glass has different composition and that plays important role in the forensic analysis of glass. Glass has different kinds of fractures and forensic analysis can determine the direction of glass fracture. Early forensic analysis includes physical techniques, microscopic techniques and elemental analysis.

Physical examination: Every glass analysis starts with identification of the glass by physical and optical properties such as amorphous structure and isotropism, hardness. Initial stages of analysis involve physical observation such as colour, surface feature, fluorescence and thickness of the glass sample. Physical examination plays important role in the comparison process of glass evidence recovered from the scene of crime and the questioned sample [4].

Basic schematic diagram for glass analysis

Density and refractive index measurements are conventional methods that were first used in glass analysis. Most forensic science laboratories use Sink-float method to determine density.  In this method, a questioned glass fragment is dropped into a liquid mixture of bromobenzene and bromoform. If the glass density matches the liquid mixture density, the glass fragment neutrally floats in the liquid mixture. This method had some demerits, thus an alternative method for the determination of density is derived which is based on Stoke’s law [5].

Refractive index (RI) has been determined by immersion method in the initial years of forensic glass analysis. This method of determining RI was based on the technique described by Winchell and Emmons in 1926. This method involves, a glass fragment being immersed in a suitable oil and then heating until the glass observed under a microscope disappeared. At this temperature refractive index of both oil and glass fragments is the same [3].

Microscopic techniques re used for the preliminary examination of surface features of glass fragments. Light microscopes and stereo-microscopes are used widely for this purpose. Light microscopes are used to identify the layers of glass fracture.  Glass fragments are first visually examined under fibre optical light and then observed under stereo-microscope [6].

Elemental analysis is the confirmatory examination for determining the chemical texture of glass evidence. Most of the elemental analysis are destructive in nature. Elemental analysis includes neutron activation analysis, atomic absorption spectroscopy, scanning electron microscopy (SEM), inductive coupled plasma spectroscopy (ICP), etc.

which were primarily used in the initial days of glass analysis.    

Present day forensic analysis of glass

Basic steps of forensic glass analysis are same in the present day as well. Parameters of glass examination are same only the methods of examination are evolved. Physical matching or jig-saw method is still in use. Measurement of density is reduced in present days due to its limitations but still, it performed in some of the laboratories [2]. Density gradient tube filled with liquid has been discovered for the determination of density. Method of determination of refractive index has been evolved in the new era. Glass refractive index measurement (GRIM) is an automated system for determining refractive index using the immersion method. Emmons procedure has been developed for the determination of refractive index. This method uses a hot-stage microscope in association with different source lamps [1][7]. Microscopic advancement has been increased in recent years which helps in the preliminary examination of glass evidence. Elemental analysis has highly emerged in the present day. Nowadays scanning electron microscopy in conjugation with energy dispersive x-ray spectroscopy (SEM-EDX) is primarily used for elemental analysis of glass [8].  Conventional method inductive coupled plasma (ICP) spectroscopy has some disadvantages and to overcome these disadvantages ICP is coupled with optical emission spectroscopy (OES) [ICP-OES], and ICP-OS is also coupled with mass spectroscopy [ICP-OES-MS] for better result [2][9]. Laser ablation inductive coupled plasma mass spectroscopy [LA-ICP-MS] has been discovered for the detailed elemental analysis of glass [10].

Future forensic analysis of glass

According to the present scenario, the glass industry is manufacturing advanced glasses which will need more advanced techniques for glass analysis. Glass manufacture process has been evolved over the last few years. Conventional glass composition varies with modern-day glass composition. As with changing and emerging composition of glass, method of its elemental analysis is also emerging. In the future glass analysis will not be limited to present-day technologies. Researches in the field of elemental analysis are witnessing new advancement like total reflection x-ray fluorescence (TRXRF), scanning electron microscopy x-ray (SEM-XRDF) diffraction techniques, etc. [2]. 

Case study: Susan Nutt (1987)

In February 1987, Craig Elliott Kalani 19-year old killed in a hit-and-run case.  He went for a night walk along with his dog in his neighbourhood in northwest Oregon at 9:30 PM, but never returned to his home. As the investigation proceed police found some glass pieces near his body and some of the glass fragments in Craig’s pocket.

After the collection of glass fragments, police started to search a vehicle that had damages consistent with a hit and run case. They found a car with a similar kind of damages to a woman named Susan Nutt. In order to connect Susan to the crime, it was needed to match those damages of the car to the glass fragments found at crime scene. During forensic analysis, analyst found that the glass fragments from the crime scene matched the Susan’s car damages in a preliminary examination i.e., Physical match. During elemental analysis, analyst found that windshield glass from the crime scene and Susan’s car contained the same 22 chemical elements. And that concluded that the glass fragments found at the crime scene belonged to Susan’s car.

The glass evidence helped to convict Susan Nutt. She was sentenced to up to five years in prison and five years in probation.

Conclusion

Glass has been used as evidence in criminalistics for over a century and its evidentiary value is still increasing day by day. The face of forensic analysis of glass has been changing over recent years due to advances in the identification of physical matching, physical and optical properties and elemental analysis. Advancement in forensic glass analysis has been reached the next level in the modern era and it will keep enhancing in upcoming years.

References

  1. Forensic glass analysis James E. Girard – Criminalistics: forensic science, crime and terrorism 2nd 97-112
  2. The forensic analysis of glass evidence: past, present, and future BW Kammrath, AC Koutrako – Forensic Science: A multidisciplinary approach, 2016 – books.google.com 299-329.
  3. Elemental analysis of glass and paint materials by laser ablation inductively coupled plasma mass spectrometry (LA-ICP-MS) for forensic application Tatiana Trejos, Waleska Castro, Jose r. Almirall October 2010 – 17-19.
  4. Forensic Glass Comparison: Background Information Used in Data Interpretation Maureen C. Bottrell April 2009 vol 2 no. 2. (https://archives.fbi.gov/archives/about-us/lab/forensic-science-communications/fsc/april2009/review).
  5. Density determination of irregular shaped and small glass fragments by Stoke’s law: An alternative technique for the forensic analysis of glass Panadda, C. Ratchapak and P. Nathinee 2018.
  6. Microscopic analysis methods https://www.contractpharma.com/issues/2014-10-01/view_features/using-microscopical-analysis-methods/ (Last accessed on 24-10-2021)
  7. Forensic classification of glass employing refractive index measurement Umi K. Ahmad, Nur F. Asmuje, Roliana Ibrahim, Nor U. Kamaruzaman. Malaysian journal of Forensic Science 2012, 3(1).
  8. A Review of Scanning Electron Microscopy Investigations in Tellurite Glass Systems Ali E. Ersundu, Miray Celikbilek, Suheyla Aydm 2012.
  9. Analysis of major elements in glass sample with a sequential ICP- OES Jobin Yvon S.A.S Horiba Group, Longjumeau, France.
  10. 10 modern technologies in forensic science https://www.forensicscolleges.com/blog/resources/10-modern-forensic-science-technologies (Last accessed on 24-10-2021)
  11. Forensic glass analysis by LA-ICP-MS: assessing the feasibility of correlating windshield composition and suppler Abbegayle J. Dodds, Edward M. “Chip” Pollock, Donald P. Land October 2010.
  12. https://prezi.com/fj2a8w7v6fbu/craig-elliott-kalani-hit-run/ (Last accessed on 29th October 2021).

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Are the Laws outdated for the new emerging Cybercrimes? https://legaldesire.com/are-the-laws-outdated-for-the-new-emerging-cybercrimes/ https://legaldesire.com/are-the-laws-outdated-for-the-new-emerging-cybercrimes/#respond Tue, 30 Nov 2021 06:21:04 +0000 https://legaldesire.com/?p=58377 Cybercrimes, also known as computer crimes, include using a computer to commit fraud, trafficking in child pornography and intellectual property, stealing identity, and violating privacy. In 2021, cybercrime would damage a total of USD 6 trillion in worldwide losses, making it the third-largest economy behind the United States and China. An essential part of protecting […]

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Cybercrimes, also known as computer crimes, include using a computer to commit fraud, trafficking in child pornography and intellectual property, stealing identity, and violating privacy. In 2021, cybercrime would damage a total of USD 6 trillion in worldwide losses, making it the third-largest economy behind the United States and China. An essential part of protecting the nation’s critical infrastructure and cybersecurity is cybercrime prevention.  This involves, in particular, the development of relevant legislation prohibiting the use of ICTs for criminal or other objectives, as well as actions that threaten the integrity of essential national infrastructures.

Hotspots for Cybercrimes

There are certain economies in the Former Soviet Union and Central and Eastern Europe (FSU&CEE) that have become hotspots for cybercrime. Among the top ten economies from where most internet scams emerged in the early 2000s, six were from FSU&CEE. Cybercrimes have been happening all over the globe for a few centuries, yet the penalties are light compared to traditional crimes. The individuals committing such crimes primarily lie between the ages of 10-15 years old, and hence the judges only have a few benchmarks to refer to. Lawyers and judges are trying to decide on appropriate sentences for such offenses and offenders. The state and federal governments have enacted legislation criminalizing specific activities related to computers, networks, and the internet, each with its own set of restrictions and punishments. The penalties for cybercrimes range from one year in jail and a $6,000 fine to 99 years in prison and a $60,000 fine in Alabama, for example. Florida defines cybercrime as acts against intellectual property or computer users under its Computer Crimes Act.

Cybercrime Penalties

Some cybercrime penalties may be excessive in comparison to the harm done. In contrast to the damage or irritation caused by the cybercriminal, the typical punishment is minor. With fewer cybercrime convictions than regular crimes, courts have few options when it comes to sentences. As a result, judges sentencing somebody for the first time for a cybercrime may not impose the appropriate penalty. Encouraging trends suggest that cybercrime sanctions will finally match the demand for justice. For the fight against hackers coming from across the Atlantic, the Department of Justice implanted a special prosecutor into the European criminal justice agency.

The Federal Bureau of Investigation has assigned three other cyber assistants to international offices, and more are planned for the future. The Computer Fraud and Abuse Act is a classic example of how politicians in the United States have responded by tightening and widening laws to counter the concerns. Researchers at the Center assess the impact of this and other laws and regulations on cybercrime, determining whether specific provisions accomplish their intended goals and have costly unforeseen outcomes. The purpose of this study is to generate broad generalizations regarding the kind of rules and regulations that decrease fraud and increase security.

India and Cybercrimes

India’s first cyber crime conviction occurred in 2013. Sony India Private Ltd, the company behind www.sony-sambandh.com, which targets non-resident Indians, filed a complaint. Sony items can be transferred to friends and family in India after NRIs pay online.

The firm guarantees delivery of the items to the intended recipients. According to the cybercrime case study, Barbara Campa purchased a Sony Color Television and cordless headphones on the website in May 2002. Arif Azim in Noida was requested to send the items using her credit card information. The credit card company cleared the payment, and the transaction was completed. Upon completion of the due diligence and inspection process, the business delivered the products to Arif Azim.

When Arif Azim accepted the item at the time of delivery, the firm took digital pictures. It was completed at that point, but the credit card company informed the firm after one and a half months that the purchase was unlawful. This is because the valid owner denied making it.

As a result, the Central Bureau of Investigation opened an investigation under the Indian Penal Code sections 418, 419, and 420. After the case was examined, Arif Azim was arrested. Researches have found that Arif Azim obtained the credit card number of an American citizen while working at a Noida contact center, which he exploited on the company’s website. The CBI recovered a color television and cordless headphones from a cyber fraud case that was one-of-a-kind. The CBI had sufficient evidence to establish their case; thus, the accused acknowledged his guilt. Cybercrime was found guilty for the first time by Arif Azim under Sections 418, 419, and 420 of the Indian Penal Code.

On the other hand, the court believed that because the accused was a young kid of 24 years old and a first-time offender, a liberal approach was required. As a result, the court sentenced the accused to a year of probation. The decision has enormous ramifications for the entire country. Apart from being the first cyber crime conviction, it has demonstrated that the Indian Penal Code may be effectively used for some types of cybercrime that are not covered under the Information Technology Act 2000. Second, a decision like this sends a strong message to everyone that the law cannot be manipulated.

Cyber Security

Cyber Security is considered highly important; the international community must acknowledge a “staggering enforcement gap,” as highlighted in recent research by the Third Way. Not only is the current wave of cybercrime primarily unknown, but the odds of being successfully investigated and convicted for a cyberattack in the United States are currently believed to be as low as 0.05 percent. This is consistent with other findings from throughout the world. This is for a crime expected to cost $6 trillion to the global economy by 2021. In the case of violent crime, the corresponding likelihood is 46%. The international community must consider why this is occurring and what may be done to change it.

According to legal analysis, the outmoded Computer Misuse Act jeopardizes Britain’s cyber defenses by preventing investigators from dealing efficiently with online threats while over-punishing immature offenders. The Criminal Law Reform Now Network (CLRNN) report advocates for immediate modification of the rules regulating unlawful access to computers, denial of service attacks, and other digital crimes, thirty years after hacking became a criminal offense. The 144-page report, sponsored by academic attorneys from Birmingham and Cambridge universities, claims that the 1990 Computer Misuse Act “cries out for revision” and that public interest hacking defenses must be developed. According to the Globe Economic Forum’s Global Risks Report 2019, widespread loss of faith in the internet is the fifth most considerable strategic risk confronting the world. The paper outlines the scope of the security community’s issues and the new possibilities and alliances that may be formed to enable public good in this period of unprecedented technological change. The security problem of the twenty-first century will continue to be cybercrime.

The community must agree on what is vital shortly, focus on a shared vision of that future, and begin a genuine conversation about getting there. This is challenging but vital because it concerns what countries and companies agree on rather than what they disagree on. This might include a shared awareness of the need to close the cybercrime enforcement gap, combat transnational organized cybercrime before it becomes epidemic, and eliminate safe havens for cybercriminal networks. There must be a recognition that cybercrime is a global issue that necessitates a worldwide solution. No country or organization exists in isolation. A new generation of alliances between international, national, and corporate organizations is required for the globe as a whole. The difficulty in conducting investigations on attackers generally working overseas against different and dissimilar technological systems employing communications technology, which makes every attack global by default, is primarily to blame for the enforcement gap.

Cyber enforcement gap

Closing the cyber enforcement gap will necessitate greater global integration and interaction among nations from a policy and capacity standpoint. It also necessitates a greater level of collaboration between law enforcement and the commercial sector. This is a once-in-a-lifetime chance to create trust amongst entities and agree on common principles, the groundwork for a new global architecture. If this is not accomplished, the digital economy and conventional institutions that offer security and confidence across society would be jeopardized. While cybercrime is still in its early stages, hackers will continue to develop new ways to damage people in the future. Penalties and legislation must adjust to reflect this. Technology and legislation will continue to grow and change as law enforcement becomes more conscious of the need to combat cybercrime. Sentencing is still a shifting target; nonetheless, they will soon find it more difficult to conceal and avoid the law.

Bibliography

  1. Housen-Couriel, Deborah. “The Evolving Law on Cyber Terrorism: Dilemmas in International Law and Israeli Law.” International Institute for Counter-Terrorism (ICT), 2013. http://www.jstor.org/stable/resrep09430.
  2. Jabbour, K. T., & Devendorf, E. (2017). Cyber Threat Characterization. The Cyber Defense Review, 2(3), 79–94. http://www.jstor.org/stable/26267387

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Identifying Fingerprints through Photograph: Reliable or Unreliable? https://legaldesire.com/identifying-fingerprints-through-photograph-reliable-or-unreliable/ https://legaldesire.com/identifying-fingerprints-through-photograph-reliable-or-unreliable/#respond Tue, 16 Nov 2021 10:10:24 +0000 https://legaldesire.com/?p=58111 A Fingerprint is an impression formed when the palmar surface of the hand comes in contact with any surface. Such an impression is made up of an arrangement of different pattern styles formed by the raised part of the fingerprint known as the ridges and the recessed part known as the furrows. Because of the […]

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A Fingerprint is an impression formed when the palmar surface of the hand comes in contact with any surface. Such an impression is made up of an arrangement of different pattern styles formed by the raised part of the fingerprint known as the ridges and the recessed part known as the furrows. Because of the random arrangement of these pattern characteristics, fingerprints are unique to every individual. Because fingerprints have the properties of being unique, universal, permanent, inimitable, classifiable, and are found in almost all natures of crime scenes, development and preservation are paramount. (“Virtual Labs”, 2021). With regard to the preservation of fingerprints, methods including the use of casting material, latent print lifts, and photography techniques are primarily used.

Forensic photography is required to document evidence found at the crime scene. Even if the forensic photography is done at the crime scene during tagging, collection, and preservation or within the laboratory during analysis, it permanently records the evidence at the scene of crime. Magnified photographs prove to be useful when comparing microscopic or frangible evidence. Documentation of physical evidence by photography makes it easier for multiple people to analyse evidence at the same time. Photographic documentation, certainly, mitigates the effects of evidence damage or loss. (Redsicker, 2001)

History of Fingerprint Photography

Least as far back in the past century, the New York based Folmer & Schwing Manufacturing Company created the first camera dedicated solely to fingerprinting. With a fixed lens and lights housed in an elliptical case, the camera was completely self-contained. The lamps were activated by shutter movement, exposing the 2″x3″ glass plate, and the lens was positioned at a specific point, producing a focused life-size image on the negative (1:1). (Lightning Powder Co., 2003). The oblong camera’s open-end was placed over the print and the exposure button was pressed to capture a photograph. (Hutchins, 2014)

Fingerprint camera (Hutchins, 2014)

Modern Photography

During forensic investigations, it is critical that no evidence is destroyed or altered as a result of destructive testing, especially in the early stages in order to determine its material properties.

Especially in the case of fingerprints, if the prints are found on challenging surfaces, or in the cases where casts of plastic prints are made, unintentional damage or loss of details is possible and such damage is likely to conceal crucial data gathered in the investigation process.

  • Filters can be used to help bring out the definition in the latent prints based on the background colour (light or dark). Prints can occasionally be found on multicoloured backgrounds (soda cans). The most effective strategy is to experiment with different colour filters on the object until you come across a filter that ensures the greatest contrast of the background with the latent print. E.g., Red coloured background can be removed with a red filter No. 25 placed over the camera lens. (Redsicker, 2001)
  • Alternative lighting techniques are required if a latent print is found on a mirror, glass, or another reflective surface. 45-degree cross-lighting or a more inclined angle is usually the most efficient method.
  • Another method that works well in multicoloured backgrounds is the fluorescent powder, as well as ultraviolet light exposure. A source of long-wave UV light or an electronic flash will suffice.
  • Another lighting technique for fluorescent photography that provides maximum illumination is to place a long-wave UV source close to the subject.
  • Digital photography- In photography, a digital camera uses a Charge-coupled device (CCD) instead of film to capture an image. The captured image can be instantly checked on the monitor and, if necessary, retaken. (Hutchins, 2014)

Procedure of Photography for prints found in the crime scene

Establish the location of the impression

Patent and plastic prints are easily identified in crime scenes. Latent prints, on the other hand, are frequently overlooked. To avoid that all possible surfaces of contact are taken into account, such as entry and exit points, doorknobs, tables, slabs, and so on.

The exact location of the fingerprint in relation to its surrounding surface should be noted using a mid-range or close-range photograph once it has been located (with a scale). (Staggs,2021).

Exposure: Some patent prints can be photographed using ambient (natural) light. However, depending upon the background, the contrast may be affected unfavourably.  When a black powdered fingerprint is photographed against a white background, for example, the camera will underexpose the image, resulting in a loss of detail. The image reflects more light than a typical background because it is mostly white.

The light source could be a photographic laboratory lamp, a photographic slide viewer, an electronic flash, a forensic light source, or a photographic negative viewing light. (Staggs, 2021)

Latent print card showing original location of fingerprint. (Staggs,2021)

Direct lighting: It is a strong lighting that comes directly from a source rather than being reflected off another surface. This lighting technique provides a great contrast between the light and dark parts of the object being photographed. 2 or 4 lights are balanced and aligned 45 degrees above the object, directly illuminating it.  (Hutchins, 2014)

Direct lighting (Hutchins, 2014)

Direct Reflection lighting: In direct reflection lighting, one light source is 10 ° degrees away from the object, and the object is 10 ° away from the lens system. The said approach works best on flat surfaces and produces a lot of distinction with respect to the surface. On a light grey (white) background, latent prints developed with black, grey, or silver powder will always photograph dark (black). (Hutchins, 2014).

Direct Reflection Lighting (Hutchins, 2014)

Front Directional Lighting: The source of light is placed at a right angle to the camera lens’s axis, in front directional lighting (axial or axis lighting). The photographing object is placed directly in front of the camera lens. To direct the light onto an object, a piece of glass is placed at a 45-degree angle in the axis of the camera lens. This technique is employed for photographing the latent prints on mirrors or prints within falciform objects. (Hutchins, 2014)

Front Directional Lighting (Hutchins, 2014)

Cross lighting/Oblique lighting: It is also known as side lighting. To create shadows that show detail, low-angle illumination is employed. A source of light is placed at a low or oblique angle, skimming across the whole surface and emphasising the elevated areas. A second light is required if shadows become a challenge. It is used in ‘Plastic’ or 3D impressions found on surfaces such as wax, clay, soap, butter, soil, etc., (Hutchins, 2014)

Oblique l (Hutchins, 2014)

Close up photograph

Even though there have been specific cameras for documenting finger impressions, photography can also be done with a 35 mm or a high-quality digital camera with a macro lens or any other close–up accessory. The positioning and the stabilisation of the camera are achieved using a Tripod. This is extremely important because the depth of field in close–up photography is shallow. A Tripod-mounted camera allows for precise focusing. To capture the maximum details, a photograph of the latent print is taken such that the surface housing the print is parallel to the film plane of the camera. To acquire as much level of detail on the film as possible, fix the camera at a specific point such that the fingerprint and scale occupy the frame of your viewfinder. (Staggs, 2021)

Reliable or Not?

There are a variety of situations where photography would be a more practical way to acquire identification. In a case where evidence preservation is critical, photographs of the fingerprints can be useful. This allows for identification to be obtained prior to the gathering of evidence without causing the decedent any discomfort. (Schaefer & Frost II, 2021)

The main goal of any challenge would address the fair and accurate representation of the photographic evidence.

Fingerprints have been successfully extracted from photographs on several occasions. It can be relied upon because in cases where fingerprints are obtained from ‘incidental photographs’, no deliberate attempts to alter the friction ridge details are made much.

Fingerprints extracted from such photographs have the following benefits-

  • Image Magnification and Enhancement

There are softwares available by which it is possible that work from multiple investigators and sources can be tracked, scaled, compared, enhanced, and printed.  In digital imaging, image enhancement is achieved with a scanner that evaluates the pixels surrounding each new pixel to determine what colour it should be for a higher resolution image. (Redsicker, 2001).

  • Non-Destructive

It is also the preferred mode of processing and documenting fingerprints in case of bodies undergoing decomposition. During the advanced stages of the decomposition, where the skin is desiccated or requires maceration, removal of the epidermal layer of skin can be worrisome. (Schaefer & Frost II, 2021)

Because the fingertip is a convex surface, photography of the friction ridge detail on the finger frequently employs varying degrees of oblique lighting. The best strategy for luminance and lighting angles for each individual print is usually derived through trial and error, with each finger photographed to narrow it down. (Schaefer & Frost II, 2021)

   

Use of strong oblique light (Schaefer & Frost II, 2021)

Disaster Victim Identification is another area where this technique can be beneficial (DVI).  The recovery, identification, and repatriation of human remains to investigators and the deceased’s families is critical at the scene of any major disaster. Between the time a deceased person or body part is discovered at the disaster scene and the time it is examined at the morgue, there is usually a time delay. (Whyte, 2021)

     

        Image of a decomposed finger     Visible details for comparison after photography

(Schaefer & Frost II, 2021)

Case Study

Detectives received information that Dannie Horner, a Sarasota resident, was making graphic child pornography with a child aged 1 year. However, even though Horner was placed under arrest, authorities required proof to prove their case. Investigators discovered photos of Horner and the victim while sorting through the images on the phone; Horner’s face was not visible in any of the child pornography images, but one of his hands was seen holding the camera and the other abusing the child. Horner was already a suspect in the case, so his fingerprints on file were manually compared to the fingerprint detail seen in the photos recovered from the phone. Horner’s fingerprints were stained with paint due to his occupation as an artist, so detectives used computers to isolate and extract them. It turned out to be a perfect match. (Chan, 2021)

Visible details after extracting finger ridge details from a photograph of the accused (Schaefer & Frost II, 2021)

Scientists from the National Institute of Informatics (NII) in Japan recently stated that they were capable of extracting utilisable fingerprints from photographs of bare exposed fingers captured from up to three metres away. (Miura et al., 2016)

There are, of course, difficulties in identifying individuals based on visible friction ridges in images. The fact that the questioned image and the known impression are not calibrated to scale is one such challenge. (Grice & Turnidge, 2021)

When examining fingerprints, the pattern area or the volar pads of the fingers are the most crucial, but in extracting fingerprints from incidental photographs the fingers of the suspect would be occupied with any object, e.g., holding a gun, grasping a basketball bat etc, the pattern area may not be obtained and thus the forensic scientist may have to work with a discontinuous partial print. (Karen Oswald, NIJ sponsored, 2020). Distortions are often caused due to the focal point and lighting of the photograph. Since you have to work with what is provided it will be difficult to extract fingerprints from a photo with an ineffectual point of focus and unfavourable exposure of light. (Karen Oswald, NIJ sponsored, 2020)

Another point of objection is that digital images are easy to manipulate and difficult to detect. For this same reason, the authenticity of digital photographs is always questioned in court, in comparison to photos captured by analog cameras.

Conclusion

With advances in camera and electronic image resolution technology, the random capture of friction ridge skin in images of comparison quality is becoming more common. The popularity of social media sites like Facebook, Instagram, and Twitter, to name a few, has resulted in an avalanche of publicly available photos. If investigators are aware of what can be done, we can expect to see an increase in these types of identifications in criminal investigations.

Although there are many controversies regarding the manipulation that can be done using modern photoshop technologies, it has to be noted that in most cases the incidental or evidential photographs seized by the investigation team are less likely to be manipulated as the offender would not have expected such a plan of action.

When examining such photographs, we should also be cognizant of any potential situational or contextual bias that could influence the findings as well.

References:

  1. Virtual Labs. Vlabs.iitb.ac.in. (2021). Retrieved 24 October 2021, from http://vlabs.iitb.ac.in/vlabs-dev/vlab_bootcamp/bootcamp/The_Four_Wizards/labs/exp1/theory.html.
  2. Redsicker, D. (2001). The practical methodology of forensic photography(2nd ed.,chapter 8). CRC Press.
  3. Hutchins, L. (2014). The Fingerprint Sourcebook(p. chapter 8). CreateSpace Independent Publishing Platform.
  4. Lightning Powder Co., Inc. Fingerprint Camera. Minutiae, 2003, 74, 5
  5. Staggs, S. (2021). Crime Scene and Evidence Photography – Evidence Photography At the Crime Scene. Crime-scene-investigator.net. Retrieved 24 October 2021, from https://www.crime-scene-investigator.net/csp-evidence-photography-at-the-crime-scene.html.
  6. Schaefer, A., & Frost II, D. (2021). Evidence Technology Magazine. Evidencemagazine.com. Retrieved 24 October 2021, from https://www.evidencemagazine.com/index.php?option=com_content&task=view&id=1959.
  7. Whyte, M. (2021). Fingerprint identifications from images and video recovered from cell phones. In The Loop. Retrieved 24 October 2021, from http://www.in-the-loop.net.au/fp-identifications-from-digital-media/.
  8. Chan, M. (2021). Detectives use fingerprints from photo of suspect’s hand to ID him in child porn case. nydailynews.com. Retrieved 24 October 2021, from https://www.nydailynews.com/news/national/detectives-fingerprints-photo-perp-hand-id-article-1.2268308.
  9. Grice, C., & Turnidge, S. (2021). Evidence Technology Magazine – Identifying Criminals by Hands Visible in Images. Evidencemagazine.com. Retrieved 24 October 2021, from https://www.evidencemagazine.com/index.php?option=com_content&task=view&id=2006.
  10. Karen Oswald, NIJ sponsored (2020). Case Studies, season 6. Just Identifying Fingerprints Through Photographs_2020 Case Studies_147 [Podcast]. Retrieved from https://soundcloud.com/just_science/just-identifying-fingerprints-through-photographs_2020-case-studies_147.
  11. Miura, N., Nakazaki, K., Ichige, K., Matsuda, Y., Nagasaka, A., & Miyatake, T. (2016). Non-contact-type Multiple Finger Vein Authentication Based on Visible Light Imaging. In The Sixth Symposium on Biometrics, Recognition and Authentication(pp. 23-24). NII.

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