Forensic Justice: A Global Perspective 1st Edition by Beulah Shekhar, Purvi Pokhariyal – Ebook PDF Instant Download/Delivery: 1040017326, 9781040017326
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ISBN 10: 1040017326
ISBN 13: 9781040017326
Author: Beulah Shekhar, Purvi Pokhariyal
Forensic science is playing an increasingly important role in criminal investigations, as it provides scientific methods and techniques to gather and analyse evidence from crime scenes. Forensic evidence can be crucial in identifying suspects, linking them to the crime scene, and helping to secure convictions in court. In this sense, forensic science is seen as an aid to criminal investigation, providing reliable and objective evidence that can be used to uncover the truth behind criminal activities. The integration of forensic science with law and criminology is creating a new era of progressive thinking, where advanced techniques are being developed to better understand the nature of crime and the behaviour of criminals. With the help of forensic science, investigators can obtain speedy justice and bring criminals to book. However, this requires appropriate measures to be taken for the efficient execution of forensic investigations, including the use of modern technology and the training of professionals in the latest forensic techniques. Given the importance of forensic science in the criminal justice system, it is essential to have a comprehensive understanding of its different aspects. This includes the collection, preservation, and analysis of forensic evidence, as well as the interpretation of this evidence in the context of criminal investigations. This book covers these topics in detail, providing valuable insights for professionals, practitioners, academics, and students of the related fields.
Forensic Justice: A Global Perspective 1st table of contents:
Section I Forensic Criminology and Victimology
Chapter 1 Forensic Victimology: A Study in Criminal Victimisation
Introduction
The Holmesian era
The modern civil police
The Science of Deduction and the Scientific Method
The notion of the victim of crime
An Emerging Criminology
Advent of victimology
The status of victimology
Forensic Victimology
Critique of forensic victimology
Crime Scene Analysis
Conclusion
References
Chapter 2 The Sociological Criminology Behind Male Adult Victim Sexual Misconduct: A Comparative Analysis of Spain and New York
Introduction
Data collection, victimology, and criminal justice policy
The Legal Response to the Sexual Victimisation of Male Adults: Towards a Gender-Neutral Characterization of Sex Crimes
The state of New York
Spain
Quantitative and Qualitative Analysis of Male Adult Victim Sexual Misconduct
New York
National estimates
Towards a state estimate
Spain
Qualitative assessment of the former data
Addressing Male Adult Sexual Victimisation: Proposed Recommendations
Conclusion
References
Chapter 3 Role of Forensic Criminology in Access to Justice—A Critical Analysis
Introduction
Forensics as an Applied and Behavioral Dimension of Criminology
Criminalistics Implicit in Forensic Criminology
Forensic Criminology as the New Feature of Criminology
Emerging Branch of Forensics Criminology as Cyber Forensics
Rising cyber crimes & scope of cyber forensics in India
Significance of cyber forensics in cyber crimes & sexual offenses in India
The Conceptualization & Trajectory of Access to Justice Movement in India
Legal Framework on Access to Justice in India for Marginalized Sections of Society
Judicial Developments on Access to Justice Movement for Marginalized Sections of Society in India
Contemporary judicial pronouncements on access to justice
Significance of Forensic Criminology in Strengthening Access to Justice for Marginalized
Role and Significance of Forensics – Criminalistics in POCSO (Sexual Assault, Violence) and Cyber Crimes (Cyber Pornography) in India
Child forensic interviewing (CFI)
Appreciation of biological specimens
Anonymous nature of sexual violence (Assault) and cyber crimes (cyber pornography) complaints
Testimony of a child, scope for tutoring, and turning hostile
Age determination
Need for substantial evidence, beyond reasonable doubt
Conviction and sentencing based on DNA as forensic evidence for culpability, trial, and prosecution
Analysis of cyber evidence and cyber pornography
Issues and Challenges in Application of Forensic Criminology and Criminalistics in Redressing Crimes against Women and Child under POCSO ( sexual Assault, Violence) and Cyber Crimes ( Cyber Pornography)
Limitations in functioning of access to justice delivery institutions
Contamination and manipulation of forensic evidence at the sampling level by law enforcement agencies
Delay in submission of FSL samples (computer, mobile, audio-video forensics) and forensic reports
Assessment of quality and quantity of forensic labs and accreditation procedures
Contemporary Legislative – Policy Developments Strengthening Forensic Criminology – Crminialistics towards Access to Justice in India
Criminal procedure (Identification) Act, 2021
Padmanabhaiah committee on police reforms
Forensic criminology in evidence-based policing: Involving research experts for quality evidence collection
Ministry of home affairs (MHA), forensic guide for crime investigators (standard operating procedures) for law enforcement agencies
Government of India Legal and Policy Initiatives on the Development of Forensic Criminology to Redress Crimes Against Women and Children
Ministry of health and family welfare, committee to standardize medical examination for victims of sexual violence and sexual assault, 2013
Government of India ministry of road transport and highways “Nirbhaya Fund” scheme for women safety in public road transport, 2014
Ministry of home affairs, use of forensic science in investigation of crimes against women, 2015
National human rights commission (NHRC) webinar on Forensic Science, 2020
Contemporary Best Practices against Cyber Crimes and Cyber Child Pornography in India
Constitution of a Special FSL team for POCSO Cases
Formulation of ‘Cyber Crime Prevention against Women and Children (CCPWC)’ Scheme
National commission for protection of child rights (NCPCR)’s POCSO e-box
Parliament of India, Rajya Sabha, Department-Related Parliamentary Standing Committee on Home Affairs, Two Hundred Thirtieth Report, on Atrocities and Crimes Against Women and Children
Role of Academia—University in Development of Forensic Criminology as Academic Discipline
National Forensic Sciences University (NFSU)
Recommendations and Conclusion
Futuristic trends of Forensics and Criminalistics and their applicability in the legal arena under the Criminal Justice System
NITI Aayog, the Government of India’s strategy paper on artificial intelligence
Transnational Criminology as an Emerging Area in Criminology
Acknowledgment
References
Chapter 4 Countering Extremism in North East— Learning from Past and Way Forward
Introduction
Radicalization as a Concept
Justice seekers
Significance seekers
Identity seekers
Sensation seeking
Psychological Aspects of Radical Groups
Reading Radicalization in Context of North East
Groundwork for Discontentment
Pre-colonial
Partition
Immigrants and ethnic insecurities
Intraregional boundary conflicts
How a half-baked policy response gave rise to further discontentment
The inter-linking of socio-ethnic conflicts and transnational crimes
Approach to Conflict Resolution—North East a Success Story
Reduction in militancy and gradual removal of AFSPA
Negotiation and integration of insurgent groups
Developing borders as hubs of trade and commerce
Development and connectivity
Changing the narrative
Addressing the feeling of neglect
Celebrating and preserving the culture of the North East
Way forward
Conclusion
References
Chapter 5 Cyberspace Innocence and Victimization: A Critical Study of Fantasy Sports
Introduction
Review of Literature
Research Gap
Research Methodology
Formulation of the problem
Aim of the study
Objectives of the study
Types of research
Methods of data collection
Population or universe of the study
Source of data
Sampling and sample size of the study
Tabulation
Relevance of study
Scope of the study
Limitations of the study
Future scope for the research
Results and Discussion
Conclusion
References
Chapter 6 Pinkwashing and Capitalism Among Youth Culture
Introduction
Background of the Pink Economy
Queer Marketing Strategies
Redesign marketing initiatives and include queer-related content
Queer-specific products or campaigns
Pink Capitalism: A Critique Perspective from Queer Theory
Pinkwashing Examples
Lessons from pink economy examples
Pink Market: Boon or Bane
Discussions
Methodology
Conclusion
Acknowledgement
References
Section II Forensic Justice and Law
Chapter 7 Redefining Justice: The Transmutation via Tenets of Forensics
Introduction
Overview of the Paradigm Shift in the Criminal Justice System Due to Zcience and Technology
Importance of forensic evidence in rendering efficient criminal procedures
The Significance of understanding the underpinning principles of forensic justice
Evolution of Forensics and Forensic Justice
The Underpinning Tenets of Forensic Justice
Principles of mutual exchange
Law of progressive change
Law of individuality
Law of analysis
Law of probability
Comparative Perspectives on Forensic Justice
Forensic evidence: Comparative analysis
Admissibility of expert evidence: US scenario
Judicial Delineation of Forensic Evidence
Conclusion
References
Chapter 8 Exploring the Connection of Criminology and Forensics in the Criminal Justice System Realm: A South African Perspective
Introduction
Preliminary Literature Review
The historical facets of criminology and forensics
The Evolution of Criminology and Forensics in South Africa
Challenges of Connecting Criminology and Forensics: The Theoretical Frameworks [Classical and Positivist School of Thoughts Versus Forensic Science] Applications
Future of Criminology and Forensics in South Africa
Identified Study Themes on Connection of Criminology and Forensics in South Africa
Theme 1: Limited prioritisation and slow progress of forensic criminology studies applications in South Africa
Theme 2: The failure to register forensic criminology as a profession in South Africa and related impacts
Conclusion
References
Chapter 9 Ethical, Legal, and Social Implications of the Procedure for Conducting Forensic/Scientific Testing
Introduction
Criminal Investigation
Scientific Criminal Investigation
Need
Community scenario
Scientific evidence
Laboratories for forensic science
It is Crucial to Apply Forensic Science
Forensic crime scene investigation
Physical evidence: It never lies
Methods of crime scene investigation
Securing the scene
Recording the scene
Photography
Sketching
Interview with a witness
Search for evidence
Collection and packing of evidence
Forwarding evidence to FSL
Maintaining the chain of custody
The Role of Forensic Scientist in Detection of Crime
Role and nature of forensic scientists in different branches in connection with their respective and specialized fields of work
Forensic photography
Introduction: Importance of forensic photography
Application of photography in criminal investigation
Photographic technique
The ramifications of photography in law
Newspaper photography is not the work of an investigating agency
Photographic superimposition
Identification by photograph
Conclusion
Suggestions
References
Chapter 10 Strengthening Critical Lens in Forensics to Address Sexual Violence
Introduction
Body as a site of justice?
Contextualising Patriarchy in the Justice System: Gender Justice Gaps
A gender-blind criminal justice system
Select empirical data on sexual violence against women
Forensic examination
Secondary Victimisation
Funding and Budgetary Allocation
Victim Assistance and Compensation
In Conclusion: Radical Shift—The Way Forward
References
Chapter 11 Victims of Criminal Justice System: Miscarriage of Justice
Introduction
Contributing Factors
Understanding Victims of Miscarriage of Justice through Judicial Activism
Prominent Cases in India
Role of Civil Societies working with Victims of Miscarriage of Justice
The innocence project
The center on wrongful convictions
The innocence network
Comprehending the Consequences of Miscarriage of Justice
Need of the Hour: Use of Forensic Investigation to Control Miscarriage of Justice
Remedial Strategies
Conclusion
References
Chapter 12 The Need for a Gender—Neutral Domestic Violence Act
Introduction
Meaning of Domestic Violence
Domestic Violence Against Men—A Neglected Social Aspect
Statistics about Domestic Violence and Abuse against Men
How we experience gender
Why do domestic violence cases against men go unreported?
Reasons Responsible for Under-reporting of Cases of Domestic Violence Against Men
Causes of Domestic Violence against Men
Domestic Violence Against Men: A Neglected Social Aspect
Social norms
Alcohol abuse
Men’s dependence on women
Psychological disorders
Domestic violence against men: A neglected social aspect
Recognise the problems
Spousal violence is the appropriate term
Prevention is Better than Cure
Adopt appropriate strategies and interventions
Conclusion and Suggestions
References
Chapter 13 Road Map for Delivering Justice to Victims of Drug-facilitated Sexual Assault (DFSA): A Forensic Outlook
Introduction
The Magnitude of the Problem
Dimensions of DFSA
DFSA by voluntary administration
DFSA by coercive administration
DFSA by surreptitious administration
DFSA: Legal and Investigative Challenges
Lack of consent
Forensic challenges
Lack of awareness
Road Map for Justice for Victims of DFSA
Best Practices for Justice in DFSA Cases
Reporting the cases
Evidence collection
Analysis
Conclusion
References
Chapter 14 A Reflective Study on Rendering Services by The All-Women Police Station
Introduction
Literature Review
Methodology
Data Analysis and Results
Demographic details
Data Analysis of Research Questions
Satisfaction levels of all the assistance received
Limitations
Recommendations
Conclusion
References
Section III Forensic Justice in the Criminal Justice System
Chapter 15 Marshalling Forensic Science in the Indian Courts: The Judiciary’s Dilemma
Introduction
Digital Forensic
Forensic Science and Right to Privacy
Forensic DNA
Forensic Ballistics
Forensic Biology
Forensic Toxicology
Expert Witness Testimony
Expert Testimony
Expert Witness Empowerment Programme (EWEP)
Programme Components
Case Laws
Digital Forensics
Significance
Forensic Science & Right to Privacy
Significance
Utilizing Specific Scientific Techniques
Forensic DNA
Significance
Forensic Document Examination
Significance
Forensic Ballistics
Significance
Forensic Biology
Significance
Forensic Toxicology
Significance
The Way Forward
References
Chapter 16 The Journey of Fifty Years in Forensics
Introduction
Case Studies
Chapter 1 Unraveling the darkness: The 1993 Bombay blasts
Chapter 2 Exposing the depths of deception in the Telgi stamp paper scam
Chapter 3 The Mulund-local train blast of 2003
Chapter 4 Tragedy unleashed: The serial Mumbai local train blasts of July 11, 2006
Chapter 5 The dark night of terror: The 26th November 2008 attack in Mumbai
Chapter 6 The Joshi-Abhyankar serial murder cases: Role of scientific evidence
Forensic Biology and DNA Fingerprinting
Case Studies
Chapter 1 Forensic DNA in newborn baby stolen cases
Chapter 2 Pursuit of justice for the mentally-ill minor girl in Mumbai
Chapter 3 Unmasking the Naxalite robbery and murder case in Nagpur
Chapter 4 Unveiling the truth: The Allister Pareira hit & run case
Chapter 5 The Goa Scarlett murder case
Chapter 6 The Pune Adithi Sharma boyfriend murder case
Cyber Forensics
Section 1 Cyber forensics
Section 2 Tape authentication and video examination
Section 3 Spectrographic analysis and speaker identification
Case Studies
Chapter 1 Voice analysis in cyber forensics—Mumbai 26/11 terror attack case
Chapter 2 Mobile chat voice analysis in financial fraud investigation—Kingfisher airlines case
Conclusion
References
Chapter 17 Advancements in Forensic DNA Analysis in Generating Investigation Leads and Elimination of Innocents
Introduction
DNA forensics and law
SNP typing methods
Next-generation sequencing (NGS)
Applications and importance of SNPs in forensic science
Role of SNPs in challenging forensic scenarios
Legal concerns associated with SNP analysis
Conclusion
References
Chapter 18 The Importance of Psychology in Law and Investigation: Exploring Forensic Psychological Investigative Techniques and Criminal Psychology
Introduction
Importance of Forensic Psychological Techniques
Forensic Psychological Techniques in Crime Investigation
Criminal profiling
Forensic psychological tools
Admissibility and evidentiary value in court
Case studies
Criminal Psychology
Conclusion
References
Chapter 19 Eyewitness Testimony: Looking through the Lens of Psychology and Indian Jurisprudence
Introduction
Factors affecting the eyewitness testimony
Neurocognitive factors
Confidence and accuracy
Cross-racial identification bias
Psychological factors
Personality attributes
Evidentiary Value of Eyewitness Testimony
Witness Hostility and Protection
Indian Legal Judgements on Eyewitness Testimony
Pitfalls related to eyewitness testimony
Review of Literature
Suggested measures to reduce errors in eyewitness testimony
Enhancing witness instructions
Utilizing cognitive interviewing techniques
Addressing confidence-accuracy disparity
Minimizing suggestive techniques and introducing a double-blind line-up procedure
Exploring the phenomenon of the cross-racial identification effect
Jury instructions on eyewitness testimony
Promoting training and awareness
Future Recommendations
Conclusion
References
Chapter 20 Forensic Justice for Seafarers in a Precarious Work Environment
Introduction: Chapter Overview
Modern Maritime Industry and Research Sample
Research Sample
Seafaring Work Environment and Occupational Hazards
Seafarers’ Maritime Piracy Risk Perception
Seafarers Traumatic Encounters with Pirates
Harms Arising from Piracy Hostage Experience
Potential Impact of Prolonged Exposure to Multiple Coinciding Stressors
Forensic Considerations in Seafarer Occupational Risk Perception
Forensic Justice for Seafarers
Jurisdiction for Maritime Piracy Prosecution
Maritime Crime Scenes and Evidence Collection
Quality and Lack of Witness Testimony
Conclusion
References
Chapter 21 Application of Forensic Biology in Criminal Justice System
Introduction
Overview of Forensic Biology and Subspecialties
Application of Forensic Biology in Criminal Justice System
Forensic serology
Forensic medicine
Forensic odontology
Forensic anthropology
Forensic entomology
Forensic botany
Forensic DNA
Admissibility of DNA as Evidence in Court
The future of forensic biology
Landmark cases
Limitations of forensic biology
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