Chapter II. FORENSIC TECHNIQUES
I. Lecture material
1. Concept, system and tasks of forensic technique
In consideration priority of the person and citizen interests. The current state of crime is evaluated by a possible hazard to the nation and required the development of new equipments and methods for prevention crime. Stiffening of organized crime activity, organized, armament, technical equipment of criminals, that’s why, it requires an appropriate level of forensic equipments, investigation and prevention of criminal offenses. One of the sources of such advances in law enforcement, there is a separate paragraph the forensic science- criminal investigation technique (forensic technique).
On the one hand, the term "forensic technique" has refers to the sub-discipline of criminology and on the other, set of techniques which are used in criminal proceedings. In historical perspective, the techniques had its beginning as special tools of the trade, which expanded cognitive opportunities of the investigator, employee of criminal investigator (detective), expert. Later, they obtained the duties of research material sources, and after that –expert evaluation and presentation of evidence in criminal proceedings. Consequently, the tasks and subject of forensic technique were developed.
As a part of forensic science, forensic technique- is a system of scientific provisions and references that provide with the development of techniques (devices, tools, accessories and materials). And also, methods and ways of their use in order to investigation and prevention of criminal offenses. Forensic technique has still remained intact and more accepted, this dual reference.
The scientific procedures of forensic technique are based on the acquirements and usage regularities of engineering, natural and other sciences (physics, chemistry, biology, anthropology, etc.), and also on certain criminalistics theories and practices (doctrine of the traces mechanisms, the theory of identification, etc.). And it’s all about development of techniques, methods and ways of intent the information acquisition from material evidence for acquirements of the occurrence of a criminal offense and make inquiries by way of learning the truth in criminal proceedings.
Forensic technique is tightly linked to other subdicipline of criminology, and its provisions are implemented and realized, both in tactics of conducting separate investigative (search) activities and in methodology of investigation certain types of crimes, which supports successful investigation, as a general principle.
The tasks of forensic technique are as follows:
- development of technical equipments and methods that provides the introduction of new sources of criminalistics information in the investigation process;
- detection, recording, seizing and preservation of material vestigial traces of crime;
- establishment a mechanism for the track formation/condensation and the reasons for their cooperation;
- establishment of properties, states, group membership and identity of sources of information;
- processing and use of forensic information for investigation and prevention of criminal offenses;
- development of methods and technical means for the assessment and use of forensic information in law enforcement activities.
The system of forensic technique - is a subjective classification of scientific conditions, based with due regard the types (cases) of vestigial traces of crime, as well as distinctions of trace-indicating objects and tasks, resolvable in their examination, that permits the submission of relevant acquirement in the structure which covering the main elements (branches) of forensic technique. The system of forensic technique has comprises two parts: the general provisions and branches of forensic techniques.
The general provisions of forensic technique include the concept, content and sources, and its connection with some branches of criminalistics and other sciences, concept and content of its constituent elements (branches).
The branches of forensic technique has includes:
1) Forensic photography and video recording - a set of scientific provisions and purpose designed photo-, video tracking (recording) facilities and appropriate methods intended for collection, investigation and demonstration of evidence.
2) Trace evidence or trasology (forensic processing of traces) - studies the patterns and occurrence of various kinds (types) of traces, develops tools, methods and ways of detection, collection, investigation and using the purpose of traces with investigation and prevention of felonies.
3) Ballistics (the application of weapons, ammunition, explosives, devices and traces) - studies the design patterns and operation of various types of weapons, that is the application of occurrence traces, as well as, develops items, methods and ways for research of such objects and using the purpose of traces the investigation and prevention of criminal offenses.
4) Graphology (or grapho-analysis)- investigates the patterns of the formation, development and functioning of written language and handwriting, develops methods of writing and handwriting in order to identification of the author of the manuscript, the authorship attribution (paternity) and other information, which has implications for establishment the truth of an investigation of criminal offenses.
5) Forensic technique of documents examination - involves the learning of laws the documents processing and the methods of whole or partial forgery, as well as develops tools, methods and ways of research, such objects for use in the investigation and prevention of criminal offenses.
6) The anthropometry (personal identification on the basis of appearance) - refers to the measurement of the human individual and material and perfect map, the theory operation of such features upon the ascertainment that are relevant during the investigation of criminal offenses.
7) The phonoscopy (forensics of sounds traces) –is a forensic teaching about designated use of recorded sounds to investigate criminal offenses.
8) The odorology or science of smells- is a system of scientifically hammered out methods and detecting technology, extracting, storing and studying odor print, for subsequent use and solving the resolution of unique tasks.
9) Forensic processing of substances, materials and articles.
10) The content of, criminal registration involves developing means, methods and ways of registration people, animals and other objects of investigation and prevention of criminal offenses.
As an composite element of criminal science, and that
description the branches of forensic technique – is not exhaustive, as development the social relations of new departures (branches), in the modern context, which are: polygraph examiner – is a study of the socially importance questions of human body responses; forensic entomology - is the study of developmental delays insect on the corpse and the nature of the damage ets.
2. The application for principles, forms, concepts and legal reasons of forensic technique
Forensic equipment, methods and ways are applied, as a rule, by those who are directly involved in the process of investigation and prevention of criminal offenses. We can include such investigators, investigators, experts, criminological inspectors, operational officers (staff), because they are using forensic techniques and specialist knowledge when working with evidence.
It is essential that proper custody of objects must be tend, when applying some techniques or methods, as their destruction or even change may subsequently adversely affect the results of the investigation of a criminal offense and significantly complicate the process of proof. Under certain conditions can employ a method that destroys or modifies the object under study is an expert. Other trial participants can use forensic equipments and methods, only those which will not bring about changes of appearance or destruction the object.
Primarily, at struggle with criminal nature is determined by eligibility, of forensic equipments and techniques, that is, direct consolidation in the law (or other statutory instruments), recommended, or not compatible with the law by nature.
The general legal reasons for the use of forensic equipments and methods are entrenched in the Criminal procedure code (CPC) of Ukraine. The article 25 which defines: "The prosecutor and investigator are obliged, within the limits of his competence, to begin pre-trial investigation in each case of direct detection of signs of a criminal offense ... as well as to take all measures envisaged by law to establish the occurrence of a criminal offense and the person who committed it". To carry out the tasks of criminal proceedings, to ensure the prompt, complete, objective and comprehensive investigation of the event, it is necessary to use all statutory means, including technical ones.
In the criminal procedural law there is no special rule that would contain a clear definition of the legal basis for the application of forensic technology, but at the same time, the article 273 in the CPC of Ukraine regulates the use of means used during the conduct of secret investigation (search) actions.
In addition, it should be noted that certain provisions of the application of forensic technology are enshrined in the relevant articles in the CPC of Ukraine and relate to the definition of techniques and means of fixing material evidence in conducting separate investigatory (search) actions, providing, where appropriate, the use of certain technical means. These norms are prerequisite for the use of special knowledge and technical means in criminal proceedings, depending on the specifics of the specific situation of the place of the event or the specifics of conducting an investigative (search) action. That is, the investigator selectively selects a set of scientific and technical means, technical methods and ways, which necessary for the successful conduct of a separate investigative procedure (search activity) or investigation as a whole, depending on the situational conditionality.
The procedure for the application of forensic technique and specialist knowledge is regulated by departmental normative acts, which are aimed at ensuring the implementation of criminal procedural legislation.
Proposals on the necessity of legislative consolidation of the complete list of all scientific and technical means, methods and ways that can be used during the investigation of criminal offenses, do not find their embodiment in connection with the inability to foresee by law the whole range of methods and means of work with evidential information through its constant expansion and improvement.
The facts of the use of technical means during the investigation, as well as the materials obtained as a result of their application, require a mandatory processing.
It is expedient to use the forensic technique in the protocol according to the following scheme: where, when, in connection with which objects, who, for what purpose and which scientific and technical means were used, objects or information, discovered or received as a result of application of technical means. The protocol necessarily states that before the use of technical means, persons who participated in conducting an investigative (search) action were notified about it.
Replenishment of an arsenal of scientific and technical means used in the fight against crime during the criminal procedure should be carried out with observance of the relevant principles, which may include:
- the principle of legality, according to which the use of any means of forensic technique should not contradict the requirements of the law and be aimed at respecting the rights, freedoms and legitimate interests of citizens;
- the principle of scientific (scientific substantiation) - is, guarantees of probability, reproducibility, accuracy and reliability of the results, which are based on the achievements of natural and technical sciences. To do this, any new method, technical means or methodology must first be tested and recommended for use;
- the principle of profitability - if obtaining the necessary results is possible with the help of various technical and forensic means, the advantage is given directly to those whose application is associated with the least cost of time, forces and means;
- the principle of safety determines the inadmissibility of the use of scientific and technical means that may be a threat to the life or health of participants in the criminal process;
- the principle of effectiveness is the provision for the rational use of such technical means and methods that ensure the prompt, objective, complete and comprehensive reception of information relevant to a successful investigation, that is, to achieve the best results in the best possible time.
3. Classification of means of forensic technique
Special technical means of forensic science are scientifically conditioned, verified experimentally and in practice effective technical means used by the subjects of criminal procedural, expert, operative-search and administrative activity.
The purpose of the forensic technique during the investigation is to collect and study evidence. That a wide arsenal of scientific and technical means are borrowed from various natural and technical sciences, as well as specially developed criminology science instruments and methods.
Given the content of the notion of forensic technique, there are quite a number of views and approaches to the foundations of the classification structure of forensic science among criminologists, primarily due to the variety of grounds and criteria for their distribution to the relevant groups. Evaluating the system of technical and forensic means in general, we observe the constant expansion of classification groups, which is the result of the creation of new technical and forensic means.
1. According to the source of origin (the branch-wise of scholarly knowledge):
- technical means developed in forensics for the collection and research of evidence (special);
- technical means borrowed from other sciences or branches of knowledge, but adapted for solving special forensic problems;
- technical means borrowed from other sciences or branches of knowledge that are used to ensure the investigation of crimes without constructive change.
2. By purpose:
- technical means used by an investigator or a criminalist specialist to identify, extract and fix evidence;
- technical means used for the investigation of material evidence during forensic examinations;
- technical means used for fixing the course and results of investigative (search) actions;
- technical means used for the prevention of offenses.
3. By special purpose:
- means of photo and video recording equipment;
- means of recording equipment;
- means of work with material traces for the purpose of their detection, fixation and further research;
- means of analytical work;
- search tools;
- means of collecting, storing and processing information;
- aids.
4. By type of technical means:
- devices and equipment;
- tools and equipment;
- devices and materials;
- sets of scientific and technical means.
5. Where the technical means are used:
- means of "field criminology", that is, the use of which during the investigation is provided outside the cabinet of the investigator (expert laboratory);
- means of laboratory technique.
6. By subject of use:
- technical means used by investigators (technical support of the investigator, techniques of the investigator);
- technical means of operative-search activity;
- technical means of expert research (expert technology, specialist technique);
- technical means of forensic prevention.
6.1. The technical tools used by investigators allow you to solve the problems of identifying, fixing, researching and demonstrating evidence. The general technical means used by the investigator include: means of illumination, measurement, fixation, research and concentration of forensic information, as well as optical means.
Facilities of lighting, or lighting equipment, are used for artificial lighting of areas, enclosed premises, objects or people during forensic and preventive activities. How to use such means are stationary and portable sources of lighting for household or special purpose. Lighting devices, depending on the nature of the spectrum of radiation, are divided into: ordinary, ultraviolet, and infrared laser.
Optical devices are devices used to identify sources of information that are not perceived by the human eye. To optical means we can include magnifying glass of different multiplicity of increase and destination (dactyloscopic, measuring, textile with illumination for work with tracks, binocular), microscopes (biological, metallographic, comparative, luminescent, polarizing, measuring, stereoscopic).
Means of measurement, or measuring technique, are used for the following tasks: for measuring length (ruler, complex meters, roulette, calipers, micrometers); for measuring angles (protractor, angle meter, angle grid); for measuring areas (metric grids); for measuring the volume of liquid bodies (beakers, measures); for measuring body weight (weights of different classes); to determine elasticity of bodies (solids, manometers).
Means of fixing - these are devices, equipment, technical kits, materials, by means of which it is possible to fix, copy, simulate or preserve the source of information on a material medium. In general, the concept of "means of fixation" can be interpreted very widely, since the use of these means is the fixation of the source. In the future, the use of fixing tools allows you to solve identification tasks.
Means of concentration and processing of forensic information. The need for collecting and concentrating information about past criminal offenses to address urgent needs during the investigation arose at the stage of the birth of criminology, since the past experience has always been an example for the knowledge of the present. Means of concentration of steel records and file cards of various traces of crimes, persons who previously committed crimes, collections of means of committing crimes and objects with their footsteps.
With the commencement of computerization of law enforcement and the entire criminal justice process, new means of collecting, storing and processing information have arisen. Today, the processing facilities, the concentration and storage of information are also technical complexes of electronic computers equipped with technical software tools that allow you to enter the source information, process and store it.
6.2. Technical means of operative-search activity. By purpose, they represent the main means of field criminology, that is, equipment, devices, materials and accessories that are used not only by operational staff, but also by investigators during the investigation of criminal offenses. The technical means of operative-search activity by their essence have been divided into three types:
- Operational technology - a system of hardware, which is used in operational activities, mainly secret.
- Special equipment - technical equipment, which includes devices, devices, materials and substances that serve to collect information by secret methods. Such means are characterized by small sizes, usually masked under everyday objects of the furnishings, clothes or tools, work remotely or in offline mode.
- Special tools - rubber batons, handcuffs, light-emitting diode devices, water taps, etc.
The main difference between operational equipment and forensic technique is not the qualitative characteristics of the technical means, but the procedural and methodical aspects of its use. Forensic technique, unlike operational, is used during investigative (search) actions, and the results of its use give rise to procedural sources of evidence.
6.3. Technical means of expert research. The forensic units have laboratories of a certain profile, which is determined depending on the category of performed research. They have concentrated expert techniques for dactyloscopic, trasologic, ballistic research, forensic research papers, manuscripts, cold weapons, and the like. The profile of the laboratory is determined by the specifics of technical equipment and research methods. Technical means of expert research may be classified as follows: measuring equipment, lighting and image reproduction equipment, laboratory and microscopic technology, technical means of research in invisible rays, micro-site and smells research tools, means of computerization and automation.
Measurement technology - these are devices designed for complex and accurate measurements of solids, gaseous objects, cavities, temperatures and microscopic objects. Measuring technique of expert laboratories is primarily characterized by the possibility of conducting measurements of any physical bodies in aggregate states.
Lighting means fluorescent lamps, incandescent lamps, as well as sources of ultraviolet, infrared, X-ray and laser lighting. The category and power of the source of lighting are selected depending on the specific situation and tasks solved by the expert.
Image reproduction means - reproduction of the object being studied, its characteristics, research results. Obtaining an image involves the use of a variety of techniques, but the most traditional is taking pictures, thermograph, holography, etc.
Laboratory equipment - devices and devices that serve as auxiliary facilities for researching objects. The laboratory equipment may include means of packaging and storage of material evidence, tweezers, magnifiers, tripods, energy sources, heating devices, simulations, etc.
Microscopic technology is a compulsory element of any laboratory and an integral part of an expert's toolkit. Regardless of the research profile, the expert laboratories are equipped with optical (biological, luminescent, ultraviolet, metallographic polarization, stereoscopic, measuring, projection), electric, scanning and tunneling microscopes.
The technical means of research in the invisible beams of the spectrum are devices by which it is possible to carry out research of real evidence in the ultraviolet, infrared and X-ray spectral parts.
Means of research of micro-particles and odors are sets of optical devices and micro-tools intended for work with micro-objects, as well as kits (an ophthalmic suitcase) for the study of smell traces by means of physical and chemical methods.
Means of computerization and automation –is a system of technical means that allows the formation of individual and spectral data banks, obtaining background information, creating specific research methods.
It is necessary to take into account the fact that during the research the expert can use the means and methods from any branches of science and technology, the involvement of which is necessary for the full solution of the tasks set before him, therefore it is practically impossible to provide an exhaustive classification of means of expert technology.
6.4. Technical means of forensic prevention. Means of forensic prevention should be categorized according to the kinds of preventive tasks on the following groups:
- technical means used to identify facts that contributed to the commission or concealment of criminal offenses;
- technical means of protection of objects against criminal encroachments;
- technical means that create the conditions for the emergence of additional traces in the place of the commission of a criminal offense;
- technical means of obtaining information on criminal offenses that are being prepared;
- technical means of committing active psychological influence on persons inclined to commit offenses.
4. Methods of forensic technique
Improvement of forensic means, expansion of scientific and technical possibilities of criminology by attracting knowledge from other branches of science, activating the problem of identity of science. It is well-known that the effectiveness of the use of technical and forensic means of detecting, fixing and researching traces during the investigation of crimes from the methods of their use, as well as the level of technical literacy, is directly related.
In philosophical dictionaries, the term "method" (from the Greek methods - a way, a method of knowledge, study, tracing) is defined as a way to achieve a certain goal, a set of techniques or operations of practical or theoretical development of reality.
Technological and forensic methods are a set of methods, means and techniques, through which the expansion of cognitive capabilities takes place, and the research of real sources for the purpose of revealing information that has certain procedural or evidentiary value and is widely used in the practical activity of the investigator, the operational officer and the expert.
The basis of the forensic method consists of technical means (tools) and objective laws of science and technology, on the basis of which various devices and devices for the implementation of various types of practical activities of the investigator, operational officer, forensic expert. Much of forensic technology is borrowed from various branches of science and technology and is common, and methods of using it in forensics are not much different from the use in the maternal industries. That is, the structure of the forensic method as a mandatory element must include the appropriate tools, on the basis of which the classification can be carried out.
Given the continuous creation and introduction into the procedural activity of new technical and forensic means, the number of approaches to the criteria for classifying methods based on them is constantly increasing, updated or changed. Thus, according to the types of technical means used during the research, the techno-forensic methods are divided into photographic, microscopic, spectrographic, computer; for the branch of scientific knowledge: chemical, physical, biological, cybernetic; according to the tasks solved during the study: organoleptic, search, analytical.
The most common among the existing classifications of technical and forensic methods is their distribution by purpose to the methods used by an investigator or operational officer to identify, fix and pre-study material sources of information (methods of field criminology) and research methods used by the expert during the conduct of forensic examinations (methods of laboratory criminology).
Methods of Field Criminology:
1. Organoleptic methods are methods by which the process of knowledge of the subjects of procedural activity of any information sources, with the help of sensory organs (sight, hearing, touch, etc.), is initiated.
2. Methods of measurement - a set of methods for using measuring equipment and measurement principles to create measurement information. They are divided into organoleptic measuring and instrumental measuring methods.
2.1. Organoleptic measurement methods are methods by which an object or magnitude is matched in an imaginary way by a dimension or by a specific metric sample. The disadvantages of using such methods are, first of all, that the results obtained with their help have approximate or inaccurate values.
2.2. Instrumental measurement methods - one of the varieties of measurement methods and is a comparison (comparative) of an object, which is measured with a standard metric measure. Instrumental measurement methods are divided into three groups: contact, non-contact and combined measurement methods.
2.2.1. Contact methods of measurement - bringing the measuring instrument in direct contact with the object being measured and reading the information received (measured by the line of distance between the objects).
2.2.2. Contactless measurement methods - the procedure of contactless measurement is reduced to a comparison of the unit of measurement (scale) with the optical image of the object being measured (an increase in the microbe is compared with the scale of the microscope's eyepiece).
2.2.3. Combined methods of measurement - the essence of such a method is the use of measuring object simultaneously contact and non-contact method of measurement.
3. Photographic methods - methods of high accuracy of fixing sources of information and the objectivity of their reproduction. Photographic methods are divided into storage, measuring, contrasting, signaling, color separating, stereoscopic, holographic, electrographic, thermographic, radiographic, cinematographic.
The essence of the application of laboratory methods is to conduct research objects, phenomena or processes containing information about the circumstances of the commission of a criminal offense, a person who has scientific technical or other special knowledge (expert).
Methods of laboratory criminology:
1. Physical research methods - are the most common and common methods for any laboratory. With the help of such methods, the permissible visual ability of a person to detect and investigate the weakly visible or invisible features of objects increases. When applying physical methods optical, polarization, luminescent, measuring, spectroscopic and other instrumental means are used.
2. Chemical methods of research - objects of chemical research are substances and objects of the material world, in order to establish their composition, origin, homogeneity or heterogeneity. Many chemical methods are combined with physical, forming physical and chemical methods. Of the classical chemical methods, polarographic, chromatographic and spectral are most often used.
2.1. Polarographic methods - a kind of electrochemical methods for the analysis of substances for the purpose of detecting the regularities of the passage of chemical reactions in time, the dependence of these laws on external conditions, as well as mechanisms of chemical transformations.
2.2. Chromatographic methods - allow to determine the content of individual components in mixtures quickly and reliably, to concentrate and identify these components.
2.3. Spectral methods - the essence of the methods is to study the optical spectrum of matter in order to determine its composition.
3. Biological methods. Objects of biological research are objects, microparticles of plant origin (wood, products from it, charcoal, plants and their parts) and animal origin (hair, wool, wool, feathers, down and products from these materials). Among biological methods are distinguished: botanical, spore-pollen, ichthyological, ornithological, virological, genetic engineering, histological, embryological, and the like.
4. Microscopic methods - studies that are carried out using such methods make it possible to expand visual perceptions of human beings through optical and electronic means. The objects of study of these methods are microparticles that the human eye can not distinguish.
5. Methods of research in ultraviolet rays - with the help of such methods of research it is possible to restore etched, damaged texts in documents, on fabrics and other objects, to differentiate loose materials (soil, dyes), fuel and lubricants, biological objects (disputes , seeds), spots of blood, sperm, saliva.
6. Methods of research in infrared rays - during the study with such methods it is possible to read texts that are covered with a thin layer of wood, paper, a dye penetrating for infrared rays.
7. X-ray research methods - X-rays can penetrate through objects of inorganic and biological origin, which is why they are used to search for hiding places, to detect hideouts in suitcases, postal items, containers, etc. (using special devices and installations )
8. Luminescent analysis - a modern high-sensitivity method based on the properties of objects of the material world to be luminescence in the event of exposure to ultraviolet, infrared, X-rays and other sections of the electromagnetic spectrum.
9. Cybernetic methods - a generalized concept that combines the methods of informatics and computing, through which the collection, processing and storage of information in information databases with the use of computers and special programs is carried out.
10. Methods of spectral and adsorption analysis - belong to the research methods of elemental composition of matter. With their help determine the quantitative characteristics of the substance at the level of group membership (to ammunition, drugs, adhesives, dyes, liquids).
An important aspect of any scientific method as a whole, as well as technical and forensic methods, in particular, their integral part, is the mandatory requirement for the unbiased objectivity of the application of the necessary method and the inadmissibility of further subjective interpretation of the results.