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The defence may object on these grounds and it will then be a matter for the judge to decide whether or not to allow the recording to be put to the jury.

If the Gardaí decide not to use a recording (seized during the investigation) as evidence at the trial, the prosecution or Gardaí are under a duty to notify the defence of the existence of the recording. They are also required to give advance notice of their intention to destroy it. The reason for this is that although the recording may not be of any use to the prosecution, the recording may assist the accused in proving that he/she was not at the scene of the crime.

While there is a duty on the Gardaí to collect video evidence, they do not have to go to extreme lengths to do so. For example, it would not be necessary for the Gardaí to collect every piece of video evidence on O’Connell Street in Dublin if there was a theft from a shop on the street.

Out-of-court inspection

"A view" is an out-of-court inspection of a place or an object that is impossible to bring into court. For example, the judge (and the jury if it is a criminal case) and the parties may leave the court to go to inspect a large machine or a motor vehicle that is of importance to the case.

A view is admissible as evidence in a criminal case or a civil case. In most cases, it is not necessary to leave the court to examine a place or an object as a photograph or a video recording of the view in question will be acceptable to the court.

Forensic evidence

Forensic evidence is material or traces of material that have been analysed by a forensic science laboratory. Forensic evidence is collected by members of the Gardai who are specially trained for that purpose. The aim is to ensure that the samples are not compromised or contaminated in any way either during or after the collection of the sample. Forensic science laboratories routinely closely examine materials such as paint, glass, soil, hair, fibres, firearm residues, fire accelerants and footprint samples. These samples may have been taken from the scene of the crime or may have been found on the victim or the suspect. Forensic evidence has many uses. The presence of a mate-

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rial in itself may be significant, e.g., presence of firearms residue on a suspect's clothes.

Forensic evidence may tend to prove that a suspect was at the scene of the crime. For example, where a window was broken by a burglar to get into a house, the suspect's clothing will be examined by the laboratory for small glass fragments. The window will also be examined for fibres that may have come from the burglar's clothing. See also DNA evidence. When forensic evidence is introduced in court, it will usually be explained by an expert - a forensic scientist. The scientist will explain what was done with the sample in question and how it was analysed. The scientist will then explain the laboratory's findings.

Trace Evidence

Much of the criminal officer’s work consists in providing evidence which links a person (the suspect or defendant) with a place (the scene of the crime) or an object. The link may be direct or indirect. The guiding principle in criminalistics is «Every contact leaves a trace». Identification of the trace may provide evidence of the contact. The examination of contact traces is most frequently necessary in such crimes as theft and burglaries. In this case, the following items are to be examined:

1)footprints

2)fingerprints

3)impressions reproducing the shape of the object which made

them;

4)pieces of wood, metal, glass, etc., which are broken off in committing the crime;

5)pieces of clothing, hairs, etc.;

6)stains and traces of materials, such as paint, oil, etc…

The transfer of traces is often a two-way process. Traces from the crime scene may be carried away on the person, clothing, etc., and at the same time, traces may be left at the crime scene by the criminal.

However, the help which the expert can give is limited if no one in particular is suspected or if no arrest has been made, i. e. if only the scene of the crime is available for the examination. But even in this case the detective must make a thorough examination which may help him discover what size and type of footwear, or what colour and material of clothing the criminal was wearing.

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LATENT PRINTS

The term «latent» means hidden, not apparent. For the purpose of police terminology and usage, however, a latent print (visible or invisible) is one which is obtained in connection an investigation involving identification. A latent print may be defined as the anatomical record, made by bodily contact, of and from the crests of the papillary ridges which are located on the palmar and plantar surfaces of the body.

Three general types of friction ridge prints may be obtained in connection with an investigation: visible, plastic and latent.

Visible prints are those which have been made by transferring a foreign colored substance, such as ink, such as ink, blood, etc., from the crests of the papillary ridges to the object touched. Plastic or moulded imprints, also readily discernable, are depth impressions of the ridge design in a soft medium, such as thick dust, blood, grease, etc. True latent prints are those which are made by the natural skin design will serve such as perspiration, sebaceous oil, or by some colorless foreign substance. It should be kept in mind that any palmar or plantar skin design will serve to positively identify a person, and it will be accepted and recognized by the courts as being conclusive evidence of identity. Frequently a latent print is the only evidence available which will serve to identify a perpetrator with his crime.

The identification, apprehension, and successful prosecution of numerous criminals have been effected solely because a small friction ridge print was obtained during the investigation.

A thorough search of the crime scene should be conducted, and recovered evidence should be examined in an effort to secure latent prints, if such are present.

Theoretically, most surfaces with which the human skin comes in contact are capable of retaining latent prints. There is no guarantee, however, that an identifiable print will be found.

It would be ideal if a search for latent prints at every crime scene could be conducted by a lab expert, but until such time becomes practical and possible, the field officer must look particularly for those surfaces which, from experience, he may expect to be most productive in in retaining friction ridge evidence.

In order to determine if there are items which possible may bear latent prints, the officer should question the victim and witnesses carefully, and should also rely upon his own observation, experience, imagination, and logical deduction.

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Тема 26.

Методы идентификации личности

TEXT 1.

Read the text and do the tasks that follow.

Identification

Identification plays a very important role in providing information about the criminals, suspects, victims and missing people for the law enforcement organs. In police investigation identification is the proof that the prisoner is the criminal wanted, his distinctive marks being known; or the pistol seized is the weapon used in committing the crime under investigation.

There are essentially four ways in which people can be identified:

1)Physical appearance (eyewitness identification);

2)fingerprints;

3)DNA;

4)Dental records.

Eyewitness identification is widely used in identification. Eyewitness identification is one of the most potent (убедительный) and effective means available to police and prosecutors. It is compelling (compel - заставлять (поверить)), and time after time it convinces juries of the guilt of a defendant. The problem is, eyewitness identifications are WRONG at least 50 % of the time! So, identification evidence is notoriously (печально известно) unreliable. It has been shown on many occasions that people who positively identify a suspect are wrong because the suspect could not have been present at the time of the crime. That is why judges must remind (напоминать) jurors of the weaknesses and dangers of identification evidence in their summing up.

Fingerprint identification has been around for a long time.

It has nearly a century of court acceptance in the United States. In the case of fingerprints, impressions can be taken and compared against fingerprints stored in various repositories. Since a print of one finger has never been known to duplicate exactly another fingerprint - even of the same person - it is possible to identify an individual with

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just one impression. Studies done by many examiners have shown that the fingerprints of identical twins are different, as are the prints, quadruplets and quintuplets. In that sense, fingerprint identification has been found to be even more discriminating (отличительный) than the DNA method, which cannot distinguish, by today’s technology, between DNA of identical twins. Despite such factors as ageing and environmental influences, a person’s fingerprints do not change. Fingerprints are used by police forces throughout Russia and in more than 30 countries.

DNA is an excellent way to identify people, matching a known sample to an unknown to confirm identification. Other than identical twins, each person’s DNA profile is unique to them. DNA provides very accurate (точный) results. This method is used for victim identification in mass disasters (катастрофы) and for matching crime scene DNA evidence with suspects or convicted offenders. In the case of dental records, a person’s teeth can be compared to dental records held by their dentist.

Except for the most commonly known and popular methods of biometric identification - fingerprint biometrics* and DNA identification - there are some other biometrical methods of identification which include iris (радужная оболочка глаза) scans, hand geometry, facial identification, ear shape, body odour (запах), brain fingerprinting, signature (подпись) dynamics, voice verification (проверка, подтверждение) and computer keystroke dynamics. These technologies have many potential uses in the criminal justice system: to enhance (увеличивать, усиливать) access control and identity verification in correctional facilities; as an investigative means for identifying missing and exploited children as well as criminals captured by surveillance systems. They can accurately identify people when they cash checks, cross borders (граница) into the country, sign on to computer networks, or enter secure buildings.

* Biometrics - биометрия (раздел биологии, основные задачи которого - планирование количества биологических экспериментов и обработка результатов методами математической статистики) Основы биометрии заложены в конце 19-го века в работах английских учёных Ф. Гальтона и К. Пирсона.

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1. Answer the questions.

1.What are the four commonly used ways in which people can be identified?

2.What are the two most commonly known and widely recognized methods of biometric identification?

3.What is the most discriminating and reliable method? Why?

4.What is the least reliable method? Why?

5.What method is used for victim identification in mass disas-

ters?

6.What are some other biometrical methods of identification except for fingerprint biometrics and DNA identification?

2. Agree or disagree.

1.Fingerprint identifications are wrong at least 50% of the time!

2.DNA provides very accurate results.

3.Eyewitness identification is an excellent way to identify people and is widely used to convince juries of the guilt of a defendant.

4.Fingerprints are used by police forces in more than 30 coun-

tries.

5.Studies done by many examiners have shown that DNA of identical twinsis different as is DNA of triplets, quadruplets and quintuplets.

6.Biometrical methods of identification have many potential uses in the criminal justice system.

TEXT 2.

Forensic identification is the application of forensic science, or "forensics", and technology to identify specific objects from the trace evidence they leave, often at a crime scene or the scene of an accident. Forensic means "for the courts".

Human identification

Droplets of human blood. In addition to analyzing for DNA, the droplets are round and show no spattering, indicating they impacted at a relatively slow velocity, in this case from a height of two feet.

People can be identified by their fingerprints. This assertion is supported by the philosophy of friction ridge identification, which

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states that friction ridge identification is established through the agreement of friction ridge formations, in sequence, having sufficient uniqueness to individualize.

Friction ridge identification is also governed by four premises or statements of fact:

Friction ridges develop on the fetus in their definitive form prior to birth.

Friction ridges are persistent throughout life except for permanent scarring, disease, or decomposition after death.

Friction ridge paths and the details in small areas of friction ridges are unique and never repeated.

Overall, friction ridge patterns vary within limits which allow for classification.

People can also be identified from traces of their DNA from blood, skin, hair, saliva, and semen by DNA fingerprinting, from their teeth or bite by forensic odontology, from a photograph or a video recording by facial recognition systems, from the video recording of their walk by gait analysis, from an audio recording by voice analysis, from their handwriting by handwriting analysis, from the content of their writings by their writing style (e.g. typical phrases, factual bias, and/or misspellings of words), or from other traces using other biometric techniques.

Body identification is a subfield of forensics concerned with identifying someone from their remains.

TEXT 3.

Product identification

Color copiers and maybe some color computer printers steganographically embed their identification number to some printouts as a countermeasure against currency forgeries.

Copiers and computer printers can be potentially identified by the minor variants of the way they feed the paper through the printing mechanism, leaving banding artifacts. Analysis of the toners is also used.

Documents are characterized by the composition of their paper and ink.

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Firearms can be identified by the striations on the bullets they fired and imprints on the cartridge casings.

Paper shredders can be potentially identified in a similar way, by spacing and wear of their blades.

Photo identification is used to detect and identify forged digital photos.

Typewriters can be identified by minor variations of positioning and wear of their letters.

Illegal drugs can be identified by which color it turns when a reagent is added during a color test. Gas Chromatography, Infrared Spectrometry or Mass Spectrometry is used in combination with the color test to identify the type of drug.

Networks

Cars can be automatically found on CCTV records by automatic number plate recognition.

Computers connected to the Internet can often be identified by their IP address or MAC address.

Radio transceivers can be potentially identified by minute variations of their output signal.

Social networks can be discovered by network analysis of banking, telecommunication and postal records.

Applications

Sometimes, manufacturers and film distributors may intentionally leave subtle forensic markings on their products to identify them in case of piracy or involvement in a crime. (Cf. watermark, digital watermark, steganography.)

Тема 27. Дактилоскопия

Текст 1.

Прочитайте текст о методах дактилоскопии и ответьте на вопросы.

1.What are fingerprint identification methods used for?

2.What is the basis of the fingerprinting technique?

3.How are fingerprints divided?

4.What is the difference between patent and latent fingerprints?

5.How can latent fingerprints be visible?

6.How can crime scene fingerprints be detected?

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METHODS OF FINGERPRINT DETECTION

Since the late nineteenth century, fingerprint identification methods have been used by police agencies around the world to identify both suspected criminals as well as the victims of crime. The basis of the traditional fingerprinting technique is simple. The skin on the palmar surface of the hands and feet forms ridges, so-called papillary ridges, in patterns that are unique to each individual and which do not change over time. Even identical twins (who share their DNA) do not have identical fingerprints. Fingerprints on surfaces may be described as patent or latent. Patent fingerprints are left when a substance (such as paint, oil or blood) is transferred from the finger to a surface and are easily photographed without further processing. Latent fingerprints, in contrast, occur when the natural secretions of the skin are deposited on a surface through fingertip contact, and are usually not readily visible. The best way to render latent fingerprints visible, so that they can be photographed, is complex and depends, for example, on the type of surface involved. It is generally necessary to use a “developer”, usually a powder or chemical reagent, to produce a high degree of visual contrast between the ridge patterns and the surface on which the fingerprint was left.

Developing agents depend on the presence of organic materials or inorganic salts for their effectiveness although the water deposited may also take a key role. The resulting latent fingerprints consist usually of a substantial proportion of water with small traces of amino acids, chlorides, etc., mixed with a fatty, sebaceous component which contains a number of fatty acids, triglycerides, etc. Detection of the small proportion of reactive organic material such as urea and amino acids is far easy. Crime scene fingerprints may be detected by simple powders, or some chemicals applied at the crime scene; or more complex, usually chemical techniques applied in specialist laboratories to appropriate articles removed from the crime scene.

Текст 2. Fingerprints

The study of fingerprints is the best means available for identifying individuals. Fingerprinting is a simple and inexpensive means of recording an unchanging characteristic of an individual. Fingerprint records are consulted to determine if there is any prior criminal record. They help in determining the identity of the dead or injured.

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First the anthropometrical system introduced by Alphonse Bertillon in 1882 was used as the means of individual identification. But in 1896 Argentina became the first country to introduce dactyloscopy with the formation of a fingerprint classification system developed by Dr. Juan Vucetich. In 1897 in India Inspector Edward Henry worked out his fingerprint classification system. And by the beginning of World War I England and practically all of Europe were using dactyloscopy. This method is still used today though it has been further improved.

Fingerprints are perhaps the most common form of physical evidence and certainly one of the most valuable. They relate directly to the final aim of every criminal investigation – the identification of an offender. Fingerprints of the offender are often found at the scene of a crime. However, the prints can be easily destroyed by the first careless act. They are also, in many cases, difficult to find, especially latent prints. So it is necessary that the crime investigator make a thorough search of all surfaces in and around the scene of a crime.

Particular attention should be paid to such places as the backs of chairs, table tops, telephone, etc. Valuable help in obtaining latent prints may be given from a person who knows the usual layout of the crime scene. He may point out articles that are out of place or identify objects that may have been brought in by the criminal. The possibility that the weapons of science can be turned against itself by the forging of fingerprints cannot be ignored.

At least forgery is of theoretical importance. To make a facsimile of a fingerprint for some purpose would not be difficult, but it becomes a very different matter when it is put into practical use as a forgery. It is certainly possible to make a fingerprint and get from it a visible print, but the forged fingerprint does not stand up to expert examination. Even, if it were possible, it is easily detectable with the use of a good hand-lens. The best weapon against such forgeries is, basically, the photographic enlargement.

(Fingerprinting: Magic Weapons Against Crime, E.B.Block)

Ex. 1. Find answers in the text:

1.What was the first system of identification?

2.Who introduced dactyloscopy?

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