This article is written by Ayushi Mahajan, from Centre For Legal Studies, Gitarattan International Business School (Guru Gobind Singh Indraprastha University). This article talks about forensic science and the role of technology in its investigation and its related concepts.
Table of Contents
Introduction
Technology can be considered as an important catalyst for the transition of the scientific findings and insights into the innovations. The value of science added enables society to fully benefit from some new discoveries through technology. It is very interesting to pay deep attention to the interface between technology and forensic science. Contemporary forensic institutes which operate the state-of-the-art laboratories where the evidence is studied with some modern equipment. The benefits of the real-time, on-site of the forensic investigation are manifold and such technology has the potential to strongly increase the speed and the efficacy of the criminal justice system. However, such benefits are realized only when the quality can be guaranteed at all times and the findings can be used in court as the forensic evidence.
How does digital forensic help gather evidence for investigation
Digital forensics or sometimes referred to as digital forensic science talks about the investigation of things or materials found in digital technologies and the recovery of these crimes, usually in relation to computer crimes. Fundamentally, the digital forensic investigation is the process which is of identifying, preserving, extracting and documenting the computer evidence through digital devices to produce evidence that can later be used in a court of law.
Digital forensic investigations can also be applied in the corporate arena, including computer hacking investigations or internal corporate investigations. Here, digital forensics analysts investigate the environment and the degree of an illegal network intrusion or a system hack. The rapidly expanding field of digital forensics includes many branches related to databases, malware, firewalls, mobile devices, cloud and network forensics.
What is the role of forensic in evidence verification
The word ‘Forensic’ is derived from the Latin word ‘Forensis’ which means ‘before the forum.’ The term’s history dates back to Roman times, during which the criminal charge means presenting a case before a group of public persons at the forum.
Both the individuals who are accused of the crime, the accused will give speeches which are based on their sides of the story. The case will be decided in favour of the person with the best arguments and delivery. This root is the source of two modern uses of the word forensic “as the legal evidence and as a category of the public presentation.”
Forensics is used by experts in evidence verification to determine whether the evidence in question is true. Examining the evidence may also lead to new clues in the case, or may help resolve previously unknown aspects of the case, which may be necessary, at least in the event that there was no forensics.
Forensics is a branch in itself, but modern forensics relies heavily on technology to help it reach its conclusion. Although basic chemistry, biology, and physics are used to determine results, these basic functions are being carried out by new and advancing technology to improve results and reduce any margin of error.
The help of information and technology in the forensic field
As technology infiltrates every aspect of our lives, it is of no wonder that solving the crime has become almost futuristic in its advances. From retinal scanning to trace evidence chemistry, real forensic techniques are so advanced in solving crimes that they sound like something like a science fiction thriller.
Fingerprint analysis, DNA mapping, retinal scanning, making complete images of things that are found in pieces, just re-creating a face from the skull, and many more things can now be caused by technology advances in the forensic field. Experts can also distinguish which chemicals were mixed in the bloodstream 24 hours after death.
By combining forensics and technology together, life has been made considerably easier for experts and detectives to find the solutions to problems that would be difficult to solve without the technology used by forensic science.
A variety of new methods and techniques have evolved in forensics. Some are:
- Alternative Light Photography: Alternative light photography helps to see the damage before it appears on the skin.
- Forensic carbon-14 dating: It is used to find out how old human remains are that have been discovered.
- Laser Ablation Reluctantly Coupled Plasma Mass Spectrometry (LA-ICP-MS): When broken glass is involved in a crime, putting even small pieces together to find important clues such as the direction of the bullets, the force of impact, or the type of impact. The weapon used in a crime may be important too. This technique helps to recreate it.
- 3D Forensic Facial Reconstruction: This technique, 3D Facial Reconstruction Software takes a real-life human remains and extrapolates a possible physical appearance.
There have even been television shows that accurately depict modern forensic technology in the 21st century.
Analysis of the growing role of technology in criminal justice
With the invention of new technologies, criminal justice professionals have started using these technologies in legal offices, laboratories, and courts. It has enabled today’s forensic investigators, police officers, researchers, judges and lawyers to stay one step ahead of criminals. Therefore, all aspiring, as well as current legal professionals should keep up to date with the technological innovations happening in their field.
- GIS and GPS System.
- Gunshot Detection System (GDS).
- Robotic cameras, Robots and Drones.
- Automatic License Plate Recognition Systems.
- Databases and Information Exchange.
- Digital Video Recording.
- Rapid ID Systems.
- In-Car Computers.
- Computer-Aided Dispatch.
- 3D Imaging of Crime Scenes.
Advantages and disadvantages
Advantages
- With the help of modern and specific computer tools and applications, it is easy to control cybercrime upto an extent. This is possible through IP address tracing, e-mail address tracing, packet sniffing, etc. This is called computer forensics.
- Forensic analysis can be used to investigate cases of an accident and to determine its causes by studying the condition of the vehicle, eyewitnesses, tires and other marks, calculating vehicle speed, etc..
- It includes anthropology and also can be used in sex determination.
- When biometrics technology is combined with forensics, it helps in identifying the fingerprints of the accused, on the objects present on the crime scene.
- The postmortem report can also help determine the cause of death by examining injuries and scars on the body of the deceased and the scenes of death. The case is investigated by a medical examiner in case of sudden natural death.
- It may also be used to identify the alcohol content in the body through saliva or urine, etc.
- Clinical forensic medicines are used to find out the victims of molestation, sexual assault or rape, child abuse, defensive wounds on the victim, gunshot wounds, injury patterns in domestic violence, self-inflicted injuries, etc.
- Telephonic conversation or mobile record tracking is also a part of forensics, which is used to identify speakers, speech enhancement, speech coding and tape authentication, and other important things used in phonology.
- Other useful aspects of forensics include fire investigation, lie detection, voice analysis, photography, forgery and fraud in payment cards, footprint marks, digital imaging, etc.
Disadvantages
Despite many advantages, Forensic science and technology have certain disadvantages. They are:
- DNA mapping is believed to be against human morality because it reveals personal information about a person.
- Scientific and forensic analysis consumes a lot of time due to which the verdict is delayed.
- The forensic evidence cannot be accessible at all times.
- Interpretation of the forensic analysis differs from one forensic scientist to another.
- There is no special standard to verify the result of a forensic experiment. This requires a wide range of knowledge and experience.
- Misconceptions and ignorance can mislead the experimental analysis.
- Equipment used in forensic studies is quite expensive.
- This requires precise analysis. If a small error occurs, it may result in an incorrect figure.
- There is a risk of manipulation of evidence, which could end in a wrongful judgment.
- Forensic analysis can be prevented by strong factors such as political or financial influences.
- Innovation is hindered as the approach is mostly the same.
- It is quite difficult to maintain the privacy and secrecy of the information gathered.
Issues and challenges
There are basically three challenges which are related to the role of technology in forensic investigation by the police. They are:
- Technical challenges
- Legal challenges
- Resource challenges
Technical challenges
As new technologies develop, crime and criminals also develop along with it. Digital forensics experts use forensic tools to gather evidence against criminals and criminals use such tools to hide, alter or remove their crime trail, this process in digital forensics is called anti-forensic technique. Digital forensics is considered a major challenge in the world. Forensic techniques are classified as follows:
- Encryption
- Covert channel
- Time to archive data
- Steganography
- Data hiding in storage space
- Operating in the cloud
- Skill gap
Legal challenges
The presentation of digital evidence is more difficult than its collection because there are instances where the legal framework takes a soft approach and does not recognize every aspect of cyber forensics.
This occurs in most of the cases because the cyber police lack the capability necessary to identify and prove a potential source of evidence. Furthermore, most of the time electronic evidence is challenged in court due to its integrity. In the absence of proper guidelines and proper explanation of the collection, and the acquisition of electronic evidence itself is dismissed. Legal challenges are classified as follows:
- Absence of guidelines and standards
- Privacy issues
- Preservation of electronic evidence
- Limitation of the Indian Evidence Act, 1872
- Admissibility in courts
- Power for gathering digital evidence
Resource challenges
As crime rates rise, the number of data increases and the burden of analyzing such vast data on the digital forensics expert also increases as digital evidence is more sensitive as it would have been easier compared to physical evidence.
Forensic experts use various tools to check the authenticity of the data to make the investigation process fast and useful but dealing with these tools is also a challenge in itself. Resource challenges can be classified as follows:
- Change in technology
- Volume and replication
Critical analysis
Further advances in forensic science with the introduction of new technology and methods creating an added value (innovation) for the end-user can certainly lead to a change within the criminal justice system.
Applications of new science and technology during the last decades, e.g. in the areas of microbiology, chemistry and information technology, there has already been a considerable increase in the demand for forensic science services. If new technology is available that can provide valuable information to solve a crime, then there will be a strong demand for it immediately.
Recommendations
Forensics in various fields such as art, photography, archaeology, etc. are used not only to estimate age, but also whether it is original or not. Thus, forensics has evolved considerably and been more reliable it is using advanced technology to help.
Landmark judgments
Jagdeo Singh V. The State And Ors
In this case, the Hon’ble High Court of Delhi stated that “dealing with the acceptance of an intercepted telephone call in a CD and CDR, which was without a certificate. Section 65B of the Indian Evidence Act, 1872, the court found that secondary electronic evidence was without a certificate. Section 65B of the Indian Evidence Act, 1872 is not admissible and cannot be taken into account by the court for any purpose.
Union of India and Anr V. G.M. Kokil and Ors.
In this case, it was observed that “it is well known that a non-maternity clause is a legislative instrument usually employed to give effect to certain contrary provisions over certain provisions which may be found in the same act or some enactment can go, that is to say, to avoid the operation and effect of all contrary provisions.”
Conclusion
With all this forensic technology, it is no wonder that this field is the fastest growing. It is important to realize that in the context of the scientific fields described above, new classes of trace evidence came into play. These clauses were not previously taken into consideration, as either no prior evidence existed or no methods were available to examine the evidence.
This is certainly the case for digital forensic science that has created an entirely new world of trace classes. Nowadays, people live in a hybrid world in which they emit both physical and digital signals. In the Netherlands, in the twenty-first century, there are hardly any criminal investigations in which digital scars do not play a role. Therefore, it is important for forensic service suppliers to obtain and analyze traces from all available digital sources.
References
- [2] CRL.A. 527 of 2014
- [3]1984 AIR 1022, 1984 SCR (3) 292
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