Kimee Minj, Author at Legal Desire Media and Insights https://legaldesire.com/author/kimee-minj/ Latest Legal Industry News and Insights Wed, 24 Aug 2022 15:39:26 +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 Kimee Minj, Author at Legal Desire Media and Insights https://legaldesire.com/author/kimee-minj/ 32 32 In Conversation with Lt. Col (Dr.) Santosh Khadsare (Retd.), Vice President (DFIR), eSec Forte® Technologies https://legaldesire.com/in-conversation-with-lt-col-dr-santosh-khadsare-retd-vice-president-dfir-esec-forte-technologies/ https://legaldesire.com/in-conversation-with-lt-col-dr-santosh-khadsare-retd-vice-president-dfir-esec-forte-technologies/#respond Wed, 24 Aug 2022 15:39:26 +0000 https://legaldesire.com/?p=63869 Lt Col (Dr.) Santosh Khadsare (Retd.) is a Cyber Security and DFIR professional specializing in Digital Forensics. He has joined eSec Forte® Technologies as Vice President (DFIR). He was head of a Digital Forensic Lab at CERT-In, Ministry of Electronics and Information Technology (MeitY) New Delhi. In addition to his B.E (Electronics and Telecommunications), he possesses […]

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Lt Col (Dr.) Santosh Khadsare (Retd.) is a Cyber Security and DFIR professional specializing in Digital Forensics. He has joined eSec Forte® Technologies as Vice President (DFIR). He was head of a Digital Forensic Lab at CERT-In, Ministry of Electronics and Information Technology (MeitY) New Delhi.

In addition to his B.E (Electronics and Telecommunications), he possesses additional qualifications such as CHFI, CEH, RHCSA, IVTA (CMU, Pittsburgh, USA), Advance Cyber Forensic Course (CDAC), Cyber Crime Investigator (CCI), Cyber Crime Intervention Officer (CCIO), and Access Data Certified Examiner. Santosh was judged amongst the top three scholars during the MDI-ISAC National Cyber Security Scholar Program for 2020 and awarded the best innovative paper titled “The Role of Digital Forensics in Industry 4.0”.

He has 20+ years plus of rich experience in Digital Forensics, Cyber Laws, Information Security, Cyber Audit, and Incident Response. He is best known in the digital forensics community for his expertise, skillsets, and mentorship qualities.

He has been a speaker at various national and international conferences such as BRICS(2022), Colombo Cyber Security Conference (2022), NASSCOM-DSCI Annual Information Security Summit 2020, International Conference on Cyber Law 2020, Cybercrime & Cyber Security, C0C0N, HAKON, Hackers Day, National Cyber Defense Summit, and GovInfoSec Summit Asia. Also authored various articles on information security and Digital Forensics in national and international publications.

1. Tell us about your journey from an engineering student to a Cyber Security Specialist & DFIR Professional.

I completed my engineering in the stream of electronics and telecommunications from PVG’s College of Engineering, Pune in the last century (1999). Career in cyber security was never on the cards in the initial years hence I started working in the field of telecommunications and Information Technology.  One fine day, I came across cyber investigation courses which were launched by Mr. Rohas Nagpal in his institution Asian School of Cyber Laws (ASCL). After personally visiting Pune and understanding the importance of these courses I decided to do my first course in the cyber investigation which was named Cyber Crime Investigator. This is how I entered into the niche cyber field. After that, I did numerous courses related to cyber investigations which led my way into the field of Digital Forensics and Incident Response (DIFR).  Along the journey, I also started understanding other verticals within the cyber domain and updating myself on various verticals of cyber audit, and cyber laws, governance risk and compliance (GRC), etc

2. In today’s world, there is a lot of talk about cyber security, particularly with the recent rise of ransomware attacks on the Internet. How can we protect our data and make sure that there are no breaches?

The Internet another networks have brought the world much closer and with that have also come disadvantages as a by-product. Emerging technologies has made human lifestyle easier and they have become a necessity rather than a luxury. In the last two years during Covid-19 everyone was locked in their houses and totally reliant on digital technologies but with that came a surge of cyber-related issues. Every organisation has its own networks and is also connected to the outside world via the internet. Thus, all the threats on the internet also impact that particular organisation. Yes, the rise of ransomware attacks has increased in recent years but that is not the only threat vector being used by cyber threat actors to attack organisations and nation-states in the cyber domain.

Cyber security awareness is the first and most important step that every individual or organisation has to undertake to protect themselves from cyber-crimes or cyber-attacks. It is said that data is the new oil and it has to be protected as it is very valuable hence efforts are made by cyber security professionals to ensure that it is protected in the best possible manner using the state of the art technology available to them. Data can you only be protected if you as an organisation or country have your cyber security measures such as people process and technology in place.

3. In your opinion, what do you think is the most effective way to fight cybercrime like identity theft, data theft, online scams, online fraud, etc.?

As mentioned before as the penetration of the internet increases and digital technologies evolve the threat of cybercrime will increase exponentially and the end user will always be on the receiving end. Financial crimes will reach new heights and other crimes such as cyber-stalking identity theft etc will also affect the day to day life of a common human being.

In my opinion the most effective way to fight this menace is being aware about crimes happening in the cyber world. The government and many cyber security professionals are carrying out numerous cyber awareness campaigns in the country which is the need of the hour. The second important part is reporting when a cyber-crime has happened by various mechanisms put in place by the government such as portals, helplines and cyber police stations. It has been observed that the majority of the people refuse to report a cyber-crime due to numerous issues such as reputation loss or lengthy procedures in getting justice. India is a country has laws, human resources and infrastructure in place to tackle numerous cybercrime cases happening on a daily basis

4. What is your opinion about the current state of cybersecurity in India and what can we do to solve it?

India is a developing country and so the penetration of the internet is increasing day by day. The number of digital assets possessed by every household has increased over the last few years and those not having one or now owning devices such as mobiles, Smart TVs etc. We were one among the first countries to have its Information Technology Act in the year 2000 which was later amended in 2008 and which were followed by IT rules.

With the Digital India initiative, there has been an exponential growth in the IT sector and the services sector. E-commerce has become the way of life and digital payments are the preferred method for financial transactions as of date.

In the field of cyber security, there are various mechanisms which are being put in place by the government and the organisations using digital assets. But with the evolution of numerous technologies the attack surface is increasing day by day and the threat actors are using the same networks for financial or political gains.

Cyber security is a continuous process and has to be addressed by each and every one of us. Not only India but the whole globe is under the threat of cyber-attacks and hence you cannot say at any moment of time that you are fully protected in the cyber domain. So in my opinion we have a long way to go to make India secure in the cyber-space.

5. How far do you agree with the statement: “As the Internet and technology grow, the threats of cybercrime and cyberattacks also grow?” Please explain your thoughts.

I totally, second the above statement as threats of cybercrime and cyber-attack will exponentially grow in years to come. As mentioned technology is no more a luxury but a necessity for every one of us which in turn has increased the attack surface for the attackers to carry out the attacks and succeed if proper cyber security measures have not been put in place. Every household has numerous Digital assets which are not hardened or Do not use endpoint security (for example antivirus on their computers and mobiles)  giving an easy pass for an attacker to carry out various types of crimes.

E-commerce and banking transactions being done online thus the cyber threats or increasing. Our footprint on the internet also is being used by the attacker to carry out cybercrime is that such as identity theft or cyber stalking.

6. How important are Cyber Laws? What are the major laws you’ve observed among the developed countries like the US, India, China, etc?

Cyber laws are very important and act as a handy tool to get the perpetrators to justice in the court of law. Having a cyber law in place also assist the law enforcement agencies to curb where Cybercrime is taking place in society.

India was among one of the first countries to have a cyber law called the Information Technology act in the year 2000. This law addressed numerous issues in the cyber domain at that moment of time. As crimes evolved this law was amended in the year 2008 and is also known as IT act 2008 (Amdt). There are many provisions which are being re-looked at this moment of time and in the near future we will have a more refined cyber law which will address all the Cybercrime’s and related issues.

India’s IT Act also gave birth to Cyber organisations such as National Critical Information Infrastructure Protection Centre (NCIIPC) and CERT-India under section 70A and 70B. One of the important things it did was give the mandate the government and 79A to notify Cyber forensic labs as Examiner of Electronic Evidence (EEE), thus making the reports tenable in the court of law.

Similarly, US and China also have their own set of laws to address issues in the cyberspace.

7. What will be the impact of Artificial Intelligence on information security?

Artificial intelligence is a disruptive technology and is going to change the landscape in security. I consider it as a part of a problem and also a part of a solution. Yes, it will assist the mankind in finding solutions to lots of problem statements in the information domain but it will also pose a serious issue on the security side.

I will just give to one example of deep fakes in which with the help of artificial intelligence fake videos of personalities are being made and circulated causing a great security hazard for all of us. On the other hand, can be a powerful tool in protecting the systems against numerous cyber-attacks as they can assist in predicting these attacks.

8. Do you have a story to tell about an incredible case that you solved that you’re really proud of?

Over the years I have been a part of analysing hundreds of cases related to different kind of cyber-crimes and cyber-attacks. Due to constraints I cannot discuss any of them but would surely tell you few approaches which helped me in solving them.

Nowadays most of the digital assets coming to the laboratories for analysis mobile devices which are damaged or in a locked condition using latest encryption techniques. Laboratories are also getting drones and smart gadgets which require analysis. Such kind of cases pose a great challenge but we were able to manoeuvre the challenges and produce results because we had the proper resources and skilled manpower.

9. You have led two National Level Cyber Forensic Laboratories and were responsible for notification, overall functioning, up-gradation, training, analysis, and preparation of reports. What challenges did you encounter while doing so?

Yes, over the past two decades I have been given opportunity to head two Cyber Forensic laboratories and carry out various responsibilities while performing my duty. Notification under 79A of IT Act by Ministry of Electronics and Information Technology scheme is a time-consuming process but if you are able to achieve it you learn a lot and you meet the global standards for digital forensics. Once you are notified your reports get legal sanctity and or a tenable in the court of law.

Continuity of training and upgradation of labs are very important aspects as they help in keeping up to date with various global technological developments in the digital forensics field. Regarding challenges let me tell you one thing every case is a different case and has to be approached in a different manner. You need to have proper skill sets, tools and training to succeed.

10. What’s the most inspiring thing you have learned from your experience as a Cyber Security and Cyber Forensic Specialist?

During my interaction with students and professionals I always mention one thing that if you want to succeed in this field you should have passion and patience. So you are always a student and are learning new things so that the occasion arises you are able to handle in a sound forensic manner. I have learned that every case is a different case and has to have a different approach getting out your tasks as a cyber forensic specialist

For me, inspiration has always been the students and enthusiasts who want to make this as a career option and contribute to this niche field so that India can be a leader in digital/cyber forensics.

11. What is the one thing you would like to say to people who do not know much about cyber security?

I would just say one thing that you don’t have an option of not knowing cyber security. Every user is responsible for the security of the device is the handle. If you have not yet started, start immediately and be part of cyber awareness campaigns which are being run by the government and other cyber security professionals.

12. What would you say is the most rewarding aspect of your job? What will be your advice to those who are seeking a career in Cyber Security & Digital forensics?

A decade back when we used to speak about cyber security and digital forensics, we had very few takers. Not only that the cyber security conferences which were held never stressed or had talks on digital/cyber forensics. But it is good to see today that numerous professionals want to make digital/cyber forensics has a career option. We have to national level universities which are spearheading in churning out professionals in the environment.

To those who are seeking a career let me tell you that you have chosen the right part just have patience you will surely succeed and achieve your objective. I would also like to tell you that have a mentor who will always guide you in the specialisation within the cyber domain. Also take part in conferences workshops and discussions happening around you which will help you in gaining deep knowledge and also increasing your network. I would like to end by saying ‘Mentorship and Internship’ are the key to success.

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In Conversation with Dr. V. V. Pillay, Chief of Poison Control Centre & Head of Analytical Toxicology, AIMS, Cochin, Kerala https://legaldesire.com/in-conversation-with-dr-v-v-pillay-chief-of-poison-control-centre-head-of-analytical-toxicology-cochin-kerala/ https://legaldesire.com/in-conversation-with-dr-v-v-pillay-chief-of-poison-control-centre-head-of-analytical-toxicology-cochin-kerala/#respond Wed, 17 Aug 2022 06:22:22 +0000 https://legaldesire.com/?p=63471 Dr. V.V Pillay is a Chief of Poison Control Centre & Head of Analytical Toxicology and Professor & Head of Forensic Medicine & Medical Toxicology in Amrita Institute of Medical Sciences (AIMS), Cochin, Kerala. The Poison Control Centre of AIMS is listed in the Global Directory of Poison Control Centres of the World Health Organization. […]

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Dr. V.V Pillay is a Chief of Poison Control Centre & Head of Analytical Toxicology and Professor & Head of Forensic Medicine & Medical Toxicology in Amrita Institute of Medical Sciences (AIMS), Cochin, Kerala.

The Poison Control Centre of AIMS is listed in the Global Directory of Poison Control Centres of the World Health Organization. The Analytical Toxicology Laboratory attached to it is a nationally accredited clinical toxicology laboratory and receives samples from poisoned victims from all over the country. Till date, it has analysed over 70,000 samples.

He has completed MBBS and MD from Gandhi Medical College, Hyderabad. Over the period of time, he has published more than hundred publications in national and international scientific journals, of which 29 in PUBMED.

He is the author/editor of several books, including the first-ever Indian textbook devoted to toxicology (Modern Medical Toxicology, now in 4th edition) an exhaustive reference book (Comprehensive Medical Toxicology, now in 3rd edition), and a textbook on Forensic Medicine & Toxicology (now in 19th edition).

He has also contributed a section on toxicology for Oxford Textbook of Medicine, published by Oxford University Press, UK which consists of API Textbook of Medicine, published by the Association of Physicians of India, Textbook of Emergency and Trauma Care, published by Jaypee Brothers, India and Tandon’s Textbook of Cardiology, published by Wolters Kluwer, India.

He is also the Editor of the Journal of Indian Society of Toxicology (2005-2014). He is a referee on toxicology for the Journal of the Association of Physicians of India (for which he won the ‘VR Joshi Best Referee Award’ in 2006), and the National Medical Journal of India. He has contributed to several monographs on analytical toxicology for the World Health Organization. He is an External Reviewer for the new edition of Guidelines for Poison Control published by WHO (2021). He is also a working Group Member of the WHO’s Guidelines for Poison Control Network, Edinburgh, UK.

He founded the Indian Society of Toxicology in 2004, of which he was the President for 8 consecutive years. He has been awarded the SOT (Society of Toxicology, USA) Travel Award – 2018 at the 57th Annual Meeting in San Antonio, Texas, USA (11-15 March 2018).

He was editor of the Journal of Indian Society of Toxicology (2005-2014). He was a Referee on toxicology for the Journal of the Association of Physicians of India (for which he won the ‘VR Joshi Best Referee Award’ in 2006), and the National Medical Journal of India. He has majorly contributed to several monographs on analytical toxicology for the World Health Organization. He was an external reviewer for the new edition of Guidelines for Poison Control published by WHO (2021). He has been part of working Group Member of the WHO’s Guidelines for Poison Control Network, Edinburgh, UK. He founded the Indian Society of Toxicology in 2004, of which he was the President for 8 consecutive years. He was Awarded the SOT (Society of Toxicology, USA) Travel Award – 2018 at the 57th Annual Meeting in San Antonio, Texas, USA (11-15 March 2018).

1. What inspired your interest in Forensic Medicine & Toxicology? Tell us about your journey from MBBS student to a Chief of Poison Control Centre & Head of Analytical Toxicology; and Professor & Head of Forensic Medicine & Medical Toxicology in Amrita Institute of Medical Sciences (AIMS), Cochin, Kerala.

Well, it is a long story, but I’ll keep it short! I was actually not very interested in pursuing a medical career; I wanted to be a journalist. But somehow circumstances forced me to take a different path and to be honest, I have not really regretted what transpired over a period of time. During my medical student days in Hyderabad (where I was born and raised), I must confess I was not a very dedicated pupil. Somehow, though I tried to interest myself in hospital postings, patient care, and so on, my heart was not in what I was doing. By the time I came to the end of the course and started my internship, one thing was clear in my mind: I was not going to choose a clinical specialty for my post-graduation. I had always been a great fan of crime fiction and scientific detection of crime and was an avid reader of novels that dealt with such themes, as also an enthusiast of films of the same genre. I realised that the closest I could get to my area of interest was to become a specialist in forensic medicine. Therefore when it was time for me to choose my specialty, I had no hesitation whatsoever in picking forensic medicine, even though my parents were disappointed and my friends were shocked! Bu more than three decades down the line I am very happy with my decision and feel a great sense of fulfilment and professional satisfaction. Over a period of time, my focus did shift a little, from forensic pathology to toxicology due to some personal reasons, but as the two are closely linked, I feel that I have never really lost my moorings.

2. How do you stay up-to-date with your information in your area of expertise? How do you keep yourself relevant in your field?

When your heart is in the field you are working in, and you are passionate about your job, constantly updating yourself comes very naturally. You don’t really have to put in any extra effort; it is an automatic process. Being in a field that is evolving and changing rapidly, I am aware that I need to keep reinventing myself to stay relevant, and I make it a point to do that. I read a lot, and attend scientific programs and events relating to my specialty regularly, and even organise such events every now and then. These are activities that bring me great pleasure because I enjoy what I am doing in my professional life.

3. What is in your opinion the greatest advancement in toxicology since its inception?

Toxicology is one of the most dynamic specialities in the field of medicine, and it is sad that it had been neglected for a long time. Things have started changing however, and increasing interest is now being shown by the powers that be, to elevate the importance of this specialty to a status that it deserves. I have been very closely involved with this particular component of the overall specialty of forensic medicine for more than two decades, and have succeeded to some extent in highlighting its importance to my colleagues and students. Today we have specialised centres called Poison Control Centres being established in major medical colleges and hospitals all over the country that are instrumental in vastly improving the quality of management of poisoned victims. I myself head one of the premier centres that is attached to Amrita Institute of Medical Sciences in Cochin, and I am proud to say that it is today among the most full-fledged centres with state of the art resources in poison information and analytical services.

4. What are some of the legal issues in a medicolegal case where poisoning is involved? What are some of your recommendations on such cases?

Every case of poisoning is a potential medicolegal case, and one must be always aware of that. Even a case that appears to be straightforward, for instance an incident arising out of accidental exposure to a toxin, can take very unexpected turns. This has happened in quite a few cases that I have handled, and that is why I am always alert and cautious. My recommendation to all doctors and professionals engaged in the field: take nothing at face value, and nothing for granted. Always be alert to the possibility of foul play; poisoning is not always accidental or suicidal.

5. Kindly describe in brief a case handled by you, which is very close to your heart? (Excluding any personal identifiable information)

There are innumerable such cases as I have been involved in this field now for more than 20 years. A recent case that comes to mind which is unique is with regard to an IT professional from Bengaluru who was poisoned periodically with arsenic by his wife via his food. They were having marital problems and she wanted to have a divorce which he was not agreeing to. After visiting several hospitals and doctors in Bengaluru for his periodic illness, he was finally referred to our Centre as a suspected case of poisoning. My daughter who was pursuing her medical post-graduation at that time here in Cochin, helped me tackle the case. We narrowed the possible agents down to heavy metals and performed a metal screen in urine which was positive for arsenic. Subsequently we confirmed it by a quantitative screening in his blood sample. The matter was reported to the police who recovered a small bottle of white powder from the home where the couple was staying. Upon testing, it turned out to be arsenic trioxide. The wife was arrested, interrogated, and confessed to the crime. The husband recovered fortunately, while the wife is in police custody and the case is in progress. Just goes to show that homicidal poisoning is not uncommon and doctors must always be alert to the possibility of poisoning in unexplained illnesses, especially of a chronic nature.

6. What are some of the most interesting (and morbid) cases of poisons and poisonings that you have encountered especially when you have received forensic samples to analyse? What are the challenges encountered by you while handling cases related to forensics? How did you deal with the same?

We normally do not accept viscera or body fluid samples from dead bodies for forensic toxicological analysis, as ours is a clinical toxicological laboratory. However, we have done a few on special request. The Kalabhavan Mani case of Kerala is one example (he was a famous character actor in Malayalam films). There was a lot of controversy and sensationalism around the case as people were claiming that he was deliberately poisoned. But we could prove that there was no poison involved and he passed away due to natural causes, by a detailed toxicological evaluation.

7. How do you handle high-profile cases that go beyond the medicolegal limits? What kind of research do you do to give a final opinion?

I handle all cases with the same approach, and do whatever is required without fear or favour. To me, a victim of poisoning is just a victim, and it does not matter to me what strata of society he belongs to, or whether he is a celebrity or an ordinary citizen. Complicated cases with regard to identification of the exact cause of poisoning are handled with due diligence, and we consult our excellent toxicological databases for help and guidance in solving them.

8. Most of the professionals working in the Forensic Medicine & Toxicology domain across the world are overburdened by casework. But you managed to indulge in research work and publish around 100+ publications, author/editor to several textbooks, member of the Editorial Board, and reviewer for many Journals in spite of all this. How did you make it possible? How important is it to indulge in research work and collaboration with other persons in the field?

When you love your work, you find that it thrills you each time you come across interesting cases. In a field like toxicology, there is no dearth of fascinating cases. I am devoted to the field of toxicology and therefore spend most of my time working. It gives me a great deal of professional fulfilment, and I do not consider the workload, that can be pretty heavy at times, stressful at all. In order to keep myself constantly updated, I read a lot of research publications on toxicology, and also undertake research of my own, besides attending conferences, workshops, etc.

9. What advice would you give to young researchers who wish to publish their research work in reputed journals?

First of all, the quality of the research work must be good, and the topic itself must be relevant. It must be original work, and duplicating research already done, even if it is elsewhere, must be avoided. One must be careful of predatory journals, and only publish in reputed journals that are abstracted in authentic indexing agencies with a high impact factor.

10. You are the author/editor of several books. What is your motivation to write your very first book ‘Modern Medical Toxicology’?

My foray into the field of toxicology (and a slight shift away from my parent discipline of forensic medicine) arose out of a personal near-tragic incident. My daughter who was then only about a year old got accidentally poisoned, partly because of my own negligence. Fortunately she survived, and today is a physician herself, and is based currently in London. When the terrible incident happened I realised how ignorant doctors (including myself) were with regard to effective diagnosis and management of poisoning in India. After my daughter recovered, I took an oath that I would do anything that was in my capacity to improve the status of toxicology in India. And that is how I managed to accomplish so many things over a period of time, beginning with writing the first ever Indian textbook on toxicology containing only current and correct concepts. Subsequently I have written several other books also, including the most comprehensive reference book on toxicology which is now in its third edition: Comprehensive Medical Toxicology.

11. As an Adjunct faculty at the School of Forensics, Risk Management & National Security, RRU what are your key principles in training and educating the next generation of scientists?

I am an adjunct/guest faculty on forensic medicine and toxicology for several universities and organisations, including the one that you mention. My focus is always on highlighting the importance of this very crucial specialty, and stimulating the interest of scientists, doctors and students in taking up this field and develop it into world class status.

12. What are some everyday tips or tricks that you use to keep yourself motivated?

I read a lot, not only academic works on toxicology, but also crime fiction, especially books relating to criminal poisoning, besides also watching documentaries and films having toxicological content! All this is in addition to the routine work that I perform every day, as also the research projects that I involve myself in. These are but a few of the ways in which I keep myself engaged in the specialty that has given me so much satisfaction in my professional career.

13. What are some of the most important things you’ve learned in your career? And what advice would you give to someone who would like to pursue a career in Forensic Medicine & Toxicology?

I have learnt that there are no short cuts to success, and one can achieve a lot only through genuine hard work and sincere effort. Any student who would like to pursue a career in forensic medicine or toxicology must first familiarise himself/herself with what the field is all about and make sure that it is something that he/she would like to take up as a full time career. As I have already stated, if your heart is in it, work becomes pleasurable and fulfilling. Never take up a career that is not of interest to you, even if it appears glamorous or remunerative. That is a pitfall, and eventually your entire professional life will become a boring, mechanical routine. Even today, so many decades down the line, I am so excited to go to my office everyday and immerse myself in work, and it is only because I love the field I have chosen. That is how it should be.

Wishing all budding students and professionals all the very best!

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In Conversation with Dr. Vivek Shahajpal, Assistant Director (DNA) at the Directorate of Forensics Services, Himachal Pradesh https://legaldesire.com/in-conversation-with-dr-vivek-shahajpal-assistant-director-dna-at-the-directorate-of-forensics-services-himachal-pradesh/ https://legaldesire.com/in-conversation-with-dr-vivek-shahajpal-assistant-director-dna-at-the-directorate-of-forensics-services-himachal-pradesh/#respond Thu, 07 Jul 2022 10:23:51 +0000 https://legaldesire.com/?p=61848 Dr. Vivek Sahajpal is currently working as Assistant Director (DNA) at the Directorate of Forensics Services, Himachal Pradesh, and has experience of more than two decades in the field of DNA forensics. He has dealt with more than two thousand cases of DNA profiling and testified in various courts of law. Some of the DNA […]

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Dr. Vivek Sahajpal is currently working as Assistant Director (DNA) at the Directorate of Forensics Services, Himachal Pradesh, and has experience of more than two decades in the field of DNA forensics. He has dealt with more than two thousand cases of DNA profiling and testified in various courts of law. Some of the DNA cases that were handled by Dr. Sahajpal were of great importance and highly acknowledged. Dr. Sahajpal attained his Master and Doctorate in Forensic Science from the Punjabi University, Patiala. During his Doctorate research Dr. Sahajpal undertook some of the pioneering research in the field of wildlife forensics at the Wildlife Institute of India, Dehradoon. His doctoral research focused on molecular characterization/identification of protected species under the Wildlife (Protection) Act-1972. Dr. Sahajpal also worked at the Advanced Biotechnology Center, Dubai, United Arab Emirates where he handled projects on genetic diversity, population genetics, and the development of microsatellite DNA markers for some protected species. Dr. Sahajpal has worked on population genetics of Himachal Pradesh and other states of India, focusing mainly on the hill states. In addition to research on population genetics, he has also worked on development of techniques in the field of DNA forensics to deal with peculiar problems that are encountered during DNA testing in Indian scenario. Dr. Sahajpal has more that 40 research publications to his credit and
is in the editorial and reviewer panel of some reputed international journals in the field of Forensic Science. Dr. Sahajpal is life-time member of the International Society for Forensics Genetics (IFSG) and Indian Hair Research Society (IHRS). Further Dr. Sahajpal is also an expert in the field of Quality Management and created the Quality Management System at the Directorate of Forensics Services, Himachal Pradesh for ISO/IEC 17025 accreditation. Dr. Sahajpal has also been actively
involved in training of investigating officers and medical officers in collection and preservation of DNA evidence and has acted a resource person for training of HP Police, Delhi Police, etc. He has also a resource person for the intuitions like AIIMS, Delhi, LNJN NICFS, Delhi, Amity University, Noida, etc. In addition Dr. Sahajpal is also an active participant is the “Save the DNA” campaign that works to educate the society, victim and other stakeholders about the importance of DNA evidence in crimes against women and minors. Dr. Sahajpal is also the Nodal Officer for the Disaster Victim Identification Cell of the Directorate of Forensics Services, HP.

What inspired you to join the Forensic domain? How do you feel about your decision now?

This goes back to my childhood. I grew up studying Alfred Hitchcock, reading Arthur Conan Doyle, Agatha Christie, Pyro. That’s how that made me detective from inside. Detection was something in my thoughts always. There’s nothing better than doing scientific detection. That precisely inspired me to get into this field. Forensic is a field, which applies the science for crime investigation. So that was something, which I always thought of. And, that ultimately brought me into this field and asked for. I’m very much happy with my decision because ultimately I’m able to do what I wanted to do, and I’m trying to give all the best possible service, which I can give to society. I am very much satisfied with my decision.

It has been noted that a Forensic Laboratory receives an enormous amount of case exhibits for examination. As the examination of exhibits related to DNA are very time consuming, what approaches are required to clear the backlog of cases to ensure that there is no delay in court trails?

Forensics is about taking the case to a logical conclusion, it is not about disposing of the evidence which is sent to us. Analyze it, come out with some report, submit the report; and, the job is over. No, it’s not like that. One has to remember that in the case of forensics, there will be no control over the quantity and quality of the sample. So whatever you have been provided, you have to get the best out of it. So yes, in that process, there is a possibility that there can be a backlog, but that backlog is not because it is being deliberately done. It is because when you try to extract the best possible things, we don’t have the luxury of resampling, whatever is there that has to be used for testing. There is a possibility of backlog, but that is basically because of the shortage of infrastructure and manpower. And if good investment into infrastructure and manpower is done by the government, then definitely there’ll be no backlogs.

A welcome thing, in this case, is the Nirbhaya fund.  And under this, a lot of funds have been given to some of the labs and they have been able to procure good infrastructure. Similarly, they have also been able to hire manpower, youngsters who have just finished their master’s in forensic science or similar to that. And these youngsters are very enthusiastic and they learn things very quickly, they help to analyze the cases and helps to speed up the entire thing. And that helped us to attain the report in a very short time and that also quality reports. So good infrastructure and well-trained manpower are required. Because the population of countries is more than 1.3 billion, so ‘n’ number of experts is required, we need a numerable number of DNA experts or other forensic experts then only will be able to dispose the cases quickly. And also in a justified manner.

There might have been various instances, when you were called for inspecting the crimes scenes by the IO/Police Unit. How challenging is it to deal with it apart from the lab work?

As far as the challenge is concerned, when you go to the crime scene, some of the lab work goes on the back burner. But in another way, this challenge is also very good, as we are dealing with the scene of crime instead of the case analysis at the lab. It gives you a very good opportunity to examine the scene of the crime. When you’re putting a forensic expert at the scene of a crime,  we are assured that the best will come out. First of all, the identification of the evidence will be easy, collection and preservation will be done nicely, and there will be proper documentation. Also, the crime scene will be processed in a very nice way. When all these things come out to the lab, the evidence which has been collected from the crime scene will help to generate a nice report as far as quality work is concerned and that will put the investigation on the right track.

The involvement of a forensic expert at the scene of the crime leads to the investigation on right track from the very beginning. So the entire process remains in a proper direction and does reach a logical conclusion. And it is challenging as managing the time and other things is concerned, as it is the part of the job and it is also service to the nation, to the society, So one should be happy dealing with it.

After the lab examination of the case evidences, you might have been called in the court of law on many instances to testify about a particular case either from the Prosecutor side. What challenges were encountered by you while giving your opinion in the court & what things should one consider while testifying in cases related to DNA?

The field of forensics is a challenging job. One has to understand that working in the field of forensics, doing the scientific analysis of crime evidence, and then submitting a report, one has to be assured that you have to face judicial scrutiny and report has to face the scrutiny of the law. It has to stand to that. So one has to be prepared for that. And, you’ll be grilled with the defense also, and that is their right, and this is how the system works.

And if you can defend your report in the court of law, then only your work is justified. Otherwise, if you fail to defend your reports in the court of law, then your work is of no use. One has to be patient during the judicial trials and in the court of law. From the beginning, when the experiment is well-planned, meticulously executed, there are checks and balances at every point. Then the level of confidence is very high while appearing in the court of law because you know that whatever you have done is accurate. You have done justice to the science, then probably it is not at all difficult to face the court of law. And you are very much able to defend your reports, appreciated by the judiciary and also by the prosecution, and sometimes even by the defense also.

Most of the professionals working at various FSLs are overburdened by the casework. But you managed to indulge into research work in spite of all this. How did you make it possible and what challenges did you encounter while doing so? In your opinion, how important is it to collaborate with other people for any research?

Again, it’s all about time management. If you have the will to do something, definitely you will find a way. Being in the field of forensics if you want to remain on the cutting edge of the technology, research is important. And in the field of forensics, everything, every day will throw a new challenge. Many times a certain technology and protocol may not be available, certain problems require research and which is challenging. Instead of looking for solutions from a commercial source or some other academic institution, try to work on it because you know the actual problem. This gives you a very good research opportunity and ultimately a solution that is an outcome of the research, which is wonderful i.e., actual practical not theoretical research or on an assimilated sample. Collaboration with our other institutions is very good because being in a lab, there is time limitation and other commitments. Collaborating with the institute is a win-win situation for both as the Ph.D. scholars perform their research. The student gets the lab facilities to do the best possible research as the infrastructure is good in the labs as compared to the academic institutions and the lab also gets good students who can work on the problem. The final solution is beneficial for crime investigation and for society itself. And this adds to the academic value of the institution, as well as the lab.

As a Wildlife Forensic researcher & enthusiast, how do you see the future and scope of Wildlife Forensics in India? What are some of the recent advancements in the field?

Wildlife forensics is the field I am very much passionate about because I started my research on genetics and wildlife forensics. Wildlife forensics is a very challenging field unlike human forensics, where the ready-to-use technology as in the case of DNA technology. Whereas in the case of Wildlife forensics there is no ready-to-use technology. In most of the cases, the present scenario has been changed, but initially, every case provided a peculiar situation. I remember many years ago we were supposed to identify some species based on DNA profile and hair structure. Forensics is a science of comparison. Until, unless you have a reference sample, how you’ll compare it and testing is difficult without the reference standard. It is very challenging and initially, this field was concentrated on the identification of the species from confiscated items.

Not only the animal or the part of the animal, even the products of animals like medicines, shawls, leather, etc. is also tested in the case of wildlife forensics. This is very challenging.

A further step that has come up now is not only species identification but an advanced level i.e., individualization. Suppose a particular animal is posted in a particular tiger reserve or natural reserve or a sanctuary if you can identify this animal belongs to this particular population.

Nowadays, researchers are creating huge databases for various species, at the moment most of the flagship species are being done. An immense amount of research and the potential of researching in this field is required not only in the field of genetics but there’s also in the field of morphology, isotope studies, and statistics. So this is a very good event where people should explore.

You have been a member of Editorial Board & reviewer for many Forensic Journals across the globe. What advice would you like to give the young researchers who wish to publish their research work in reputed journals?

I would like to give some advice, don’t be crazy about publishing simply by hook or crook. First of all, you need to produce quality research. To produce quality research don’t go by the number of publications.

The most important is good research work and work should be honest, without manipulating anything. And publish the research in a journal honestly with clear data, proper analysis with proper experimentation, proper language, and everything should be justified. Then only the publications get through the best journals easily. And if one is crazy about just gaining the number of publications, then probably he/she may not end up in a good place. So quality work is required that will be appreciated across the globe, high instrumentation is not required for research. Even good research can be done with limited equipment. Good quality research work is appreciated and will be published in reputable journals.

Himachal Pradesh became the first state of India to have DNA testing facility & NABL accreditation in all of it’s Forensic Science Laboratories. How significant is this achievement and how will it help the Criminal Justice System?

It is very important. When I came into testing previously I was into research work more than a decade ago. What used to happen is when you go into the court of law if you understand the Indian system. Say a particular person has a particular qualification, he appears for an interview and becomes an expert, and is notified as an expert by the government or appointed as an expert by the government. Then the person has to be trained for a period, later he starts examining and he claims him to be expert. The problem here is how do you build up the confidence of society. When a person goes to purchase anything like a phone or television, he/she looks for the brand and ends up purchasing a good brand. Or I can say while purchasing food items person looks for AGMARK or for other items ISI marks. When things are standardized and of good quality, that’s what people look for. Considering the quality of forensics, if you are an expert as per government notification. Are you an expert? This question is to be answered and that can only be assured to the common man to the society when you are assessed by a third party neutrally, so that is through accreditation and ensures that the testing you are doing is of international standards and power with international standards.

When these reports go into the court of law, they instill confidence in the prosecution and society also that whatever is being provided to them is of high quality which has international standards. So in that way accreditation very important.

 Secondly, about the entire lab NABL accreditation. Yes, it is necessary. It’s not that you have only labs accredited, I say you should also have crime scene unit accredited that instils confidence. Through accreditation try to provide the best possible things to society which depends on you.

We have the first NABL accredited Wildlife forensics facility. Yeah! this is one of my passions, I had. Wildlife forensics is very close to me. In 2018, we thought of creating a facility, i.e. ISO 17025 accredited for DNA forensics. Also, I have spent many years in quality management. As quality management of State FSL, Himachal Pradesh as the director is concerned. I started quality management, as a quality manager, I prepared all the documentation, which is a lengthy process.

Accreditation is all about records and documentation. So I thought, why not DNA forensics for the wildlife also?  We looked in that direction and created a facility regarding wildlife forensics in 2018. And ,we hope the nation of avails our facility, and we are receiving a significant number of cases in the state. Just before joining the interview, I got a call that some pangolin scales are seen. I asked to send them immediately for profiling.

What are your views on the DNA Technology (Use and Application) Regulation Bill 2019?

The DNA Technology Regulation Bill 2019 is pending in the legislation for almost one and a half-decade. We have been looking for the bill, through which we can have the criminal DNA database. But unfortunately, more than one decade has passed, the bill is still in the phase of legislation, and hoping it comes out soon.

DNA Technology Bill 2019 is very necessary at the moment, even small countries which are neighbor or adjoining to us like the Maldives have DNA databases. There are ‘n’ no. of cases, for example, the Gudiya Rape Case, a very infamous in Himachal Pradesh. In such cases, if the perpetrator is absconding, he’s not known it’s a blind case of rape and murder. When you don’t have a DNA database like searching for a blind case is like searching for a needle in a haystack. You have the profile of the person, but the DNA profile does not tell who the person is. The DNA database is important which I am talking about. Until, unless you have a DNA database, it is difficult to search for a person. Many times when these cases are cracked and when you find the real perpetrator of the case, and when you verify his antecedents, it is found that this person has history and scrutinize as a repeat offender he might have served a jail sentence. And if there has been a DNA database then such cases could be solved very easily. And if the amount of money in manpower, the testing, the investigation, the time invested in the DNA database can be more effective. The money and time can be saved, and all the cases can be solved very quickly and then the hue and cry of the public can be avoided. So we are hopeful that the DNA technology bill is enacted as soon as possible then we have a DNA database which is according to the CODIS or the databases of European countries.

I would like to talk about the DNA bill is like people talk about privacy issues. The DNA profile is generated is from the non-coding DNA, it doesn’t code for proteins. The DNA profile doesn’t tell height, weight, skin, creed, color, health status, orientation, or anything about the health state or disease of a person; it only tells about the gender that’s only can be identified by the DNA profile. Rest all things are non-coding markers and they don’t interfere with the privacy of any person. Many people are confused that the DNA bill is for the entire nation that the profile of every person will be collected, no it’s only for the criminals similar to the fingerprint bureau where the database of the accused is also maintained. Here we’ll have an automated DNA database of profiles of people who are convicted offenders or repeat offenders, not of the general public.

For your exemplary contribution to Forensics, you might have received various appreciation letters, awards & recognition. What are some of the notable ones?

Well, I will say one thing, when you are working you should work without expecting any rewards. But definitely, if a reward or awards that instils a zeal in the person to work. Precisely I will try to recollect one important. When I was a research fellow when I was researching in wildlife forensics, I went to the UK for a paper presentation on wildlife forensics. Being in a foreign nation in the UK at Imperial College London. There were the best people from across the globe and it was a two-day conference. Finally, at the end of the conference, an announcement was made your presentation and paper have been judged as the best paper in that country. This was the moment which I remember till date almost 15 years now but that brings me very good fond memories because being recognized in a foreign country, going from a country, which has limited sources and then your paper is the best paper that instills a lot of enthusiasm and feel highly rewarded.

Having worked for almost 2 decades in the Forensic Domain, how do you wish to contribute to this domain?

Well, I have already contributed more than two decades. So in the future also, I wish to contribute to this domain and have done plenty of analysis work. And at the moment what I’m trying to bring is the DNA forensics of international standard into our system, not in the form of just technology, but also in the form of interpretation, also like probabilistic stats, etc which are rarely used as far as the Indian scenario is concerned.

Similarly, also wish to contribute with the academy institutions so that we can do good research and we can bring out very well-groomed experts in the field of forensics, and ultimately we have a surplus manpower of trained experts across the country who can serve the nation as well go abroad to serve the world also. So this is my vision and wants to contribute like this. And I guess I will be able to attain it in the coming time, maybe in a decade or so.

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In Conversation with Dr. Leggie L. Boone, Ph.D., Forensic Latent Fingerprint Analyst, Polk County Sheriff’s Office, Florida, U.S. https://legaldesire.com/in-conversation-with-dr-leggie-l-boone-ph-d-forensic-latent-fingerprint-analyst-polk-county-sheriffs-office-florida-u-s/ https://legaldesire.com/in-conversation-with-dr-leggie-l-boone-ph-d-forensic-latent-fingerprint-analyst-polk-county-sheriffs-office-florida-u-s/#respond Wed, 08 Jun 2022 09:51:26 +0000 https://legaldesire.com/?p=61831 Dr. Leggie [Leh ‘jee] Boone is a Forensic Analyst, Author, and Educator. Dr. Boone’s main fields of interest are vicarious traumatization, organizational support and civilian relations, implicit bias in crime scene attendance, the personal impact of law enforcement suicide, and active dreaming. Her research has explored how trauma exposure, tenure, and education influence performance effectiveness […]

The post In Conversation with Dr. Leggie L. Boone, Ph.D., Forensic Latent Fingerprint Analyst, Polk County Sheriff’s Office, Florida, U.S. appeared first on Legal Desire Media and Insights.

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Dr. Leggie [Leh ‘jee] Boone is a Forensic Analyst, Author, and Educator. Dr. Boone’s main fields of interest are vicarious traumatization, organizational support and civilian relations, implicit bias in crime scene attendance, the personal impact of law enforcement suicide, and active dreaming. Her research has explored how trauma exposure, tenure, and education influence performance effectiveness and perceived organizational support for crime scene investigators. She has also explored contributors to law enforcement suicide and the policies accessible for awareness and intervention.

Dr. Boone has worked as an educator in Baltimore County, Maryland schools and colleges, teaching sciences including Biology, Environmental Science, Paramedical Biology, and Forensic Science. Her crime scene and teaching experiences allowed Dr. Boone to collaborate on publishing the forensic textbook and virtual component, So You Want to Be a CSI, with two other former CSIs. Dr. Boone also published Fox Tails: Short, Short Stories Written While Puppysitting, she has multiple poems and song lyrics published in books and magazines. Dr. Boone currently works as an adjunct professor at Keiser University in Florida, in the Crime Scene Technology program and as a Senior Adjunct Faculty member for the Sherlock Institute of Forensic Sciences, India. She has also been an invited speaker at many international conferences, including those sponsored by the Global Scientific Guild, Worldwide Association of Women Forensic Experts, and the Caribbean Association of Forensic Sciences.

What inspired you to join the field of Forensic Science, and what motivates you to continue along with this path?

Like many, my initial plan growing up was nothing like what I ended up doing. I wanted to be a veterinarian and travel to remote places tagging animals. In 1986, I came across my first wordle – a poster titled What Can I Do with a Biology Degree. I acquired a copy and found several options in case the animal track did not pan out. Forensic Technician was one of the titles I highlighted on the poster. I did work at the Baltimore Zoo out of college but met a neighbour who introduced me to crime scene photos, telling me about his job. I applied and while I waited through the hiring process, I volunteered with the Office of the Chief Medical Examiner near the University of Maryland in Baltimore. My curiosity and my analytical mentality peaked. The comradery of the crime scene family kept me interested and growing. I learned a great deal about my city, the nature of crime and law enforcement, and about myself. I have stayed in this interesting community of forensic minds because I enjoy learning and teaching aspects of crime scene investigation as it evolves, with the hope of sharing my experiences and motivating others to enjoy the subtle rewards of public service through helping those who have endured tragic or traumatic situations.

At present, you are working as a Forensic Analyst, an Adjunct Professor at Keiser University, and also you have worked as CSI. How were these roles different from each other? What were the challenges that you faced in each role?

As a CSI, I had mobility. I gained confidence in getting to know Baltimore City and County through the calls for service. I was a Crime Scene Investigator before being a CSI was highlighted by the television series and similar programs that showcased the techniques applied in forensic disciplines. I learned a great deal on the job and also attended a Crime Scene training with 20-25 others from multiple agencies. After roughly a year on my own, I was training other new mobile technicians. I thought that was odd, but my supervision saw something in me that I didn’t recognize.  I transferred to the Baltimore County Police Department in the position of Forensic Services Supervisor. While there, I became an adjunct professor at the Community College of Baltimore County.

My challenges were rarely job-related: I left crime scene work shortly after my daughter was born due to the combination of strenuous, unpredictable work hours, a failing marriage, and the onset of what I now understand was vicarious trauma. When I left crime scene work, I chose to become a full-time educator or divine intervention chose education for me. I would have never thought I would have become a teacher. This role grounded me in a completely different routine- I had regular daytime hours, no shift changes, and summers, weekends, and holidays off. That was a huge difference. I felt like taking classes along with teaching became my therapy. I taught Biology, Environmental Science, Paramedical Biology, Biotechnology, and Forensic Science in Baltimore County high schools. Teaching revealed a lot for me as I got to know more about teenagers who experienced group homes, abuse, rape and molestation, absent parents, and many situations I had never expected them to share. Hearing their stories was challenging for me. I became a therapist through my own therapy. The only true achievement through those years of teaching was the opportunity to be a role model, encourager, motherly supporter, and listener for young people who were missing those facets in their lives. I didn’t realize that I would be that person to so many, but I appreciated where God had placed me.

As a Forensic Analyst, I was able to apply what I had learned from crime scenes, in my studies to reinforce the subjects I taught, and through furthering my education in graduate programs. As a Latent Print Examiner, I had to gain confidence in a whole other discipline and absorb the fact that my skills would be determining factors in someone else’s life. I could not make any errors and that was a different type of pressure and expectation that neither attending crime scenes nor teaching young people demanded. In all positions, we try to limit our errors, but in forensic analyses, the conclusion could be life-changing. Even though every case worked is technically and administratively reviewed by another qualified examiner, I want to make every effort to make the best conclusion for each item of evidence I examine. Having this elevated level of expectation is a challenge requiring a willingness to uphold personal standards, standards of my law enforcement agency, and standards of my forensic discipline because one erroneous conclusion could damage the credibility of each.

What are the most important things to consider when conducting a crime scene investigation?

I believe that conducting a crime scene investigation requires that the CSI pull from several resources and reserves of knowledge and training. Staying up to date on advancements in technology, changes in the standards of each discipline applied and continuing education is most important for the CSI. When conducting an investigation, the CSI must understand that this incident (whether a tragedy through assault, abuse, death, burglary, robbery, arson, or other) is this victim’s worse moment or day. Even though we, as CSIs, may attend crime scene after crime scene, each victim is having that issue for possibly the first time and their life and psyche are altered for a lifetime because of a violation of their personal space, privacy, or possessions.

What is the most interesting thing you’ve encountered during an investigation? And what was the case you found most challenging to solve?

I have contributed to the investigation of thousands of crime scenes in a combination of 14 years as a CSI and 10 years analyzing evidence. Identifying the most interesting case is difficult. I have had the opportunity to attend and assist with autopsies of varying natures and degrees of mutilation. Seeing foreign objects in bodies has been morbidly interesting. Also, applying techniques that are not used on an average day made the job more fascinating at times. I have seen the decomposed, sloughed hand skin put on like a glove in an attempt to get fingerprints. I have seen multiple autoerotic asphyxiation victims. The scene that is by far my most interesting has been the one that I dreamed about the morning before I was dispatched to the location. A homicide had occurred, and the victim had been buried face down in a shallow grave in a vacant lot. The case was solved, not specifically through my efforts, but it was thoroughly challenging to function with the premonition of the location and details on my mind. Also, it was the only scene where I had to be assisted by a paramedic for dizziness due to the 105-degree Florida August heat with an equally hot uniform.

Dr. Boone your main fields of interest are vicarious traumatization, organizational support and civilian relations, implicit bias in crime scene attendance, personal impact of law enforcement suicide, and so on. Can you tell us more about vicarious traumatization? What do you think is the most effective way of treating vicarious trauma? What are the best measures that organizations should include to prevent vicarious traumatization among crime scene investigators?

As recorded in studies of therapist response to frequent interaction of clients sharing their emotional trauma, vicarious traumatization was introduced by McCann and Pearlman in 1990 as a psychological response of chronic symptomatic distress to indirect trauma experienced by those close to a critical incident. It is my belief that the CSI potentially has more frequent exposure to traumatic scenes than the sworn officer in many places. (The definition of ‘traumatic’ is highly subjective, therefore, I would describe traumatic as a scene that triggers an emotional response or that may be visually graphic.) Due to the typical limitations of zone/district/region assignments, sworn agents of the law are responsible for covering their area. The CSI often has a zone, district, or region; however, the number of CSI personnel is exponentially lower than that of the sworn personnel, therefore a CSI would be responsible for multiple districts within the city, county, or region. With that logic, add in the crime rate, and the CSI will attend a higher number of violent scenes, stay for longer periods of time, and review the evidence from those scenes for extended hours, not including revisiting the photos and evidence if the offense is presented in court. I must state that all first responders, second responders, or those indirectly encountering the tragedies of others are susceptible to vicarious traumatization.

Vicarious trauma is not often diagnosed and may not be recognized, due to the individual factors involved in the psyche. Due to the level of subjectivity in determining vicarious trauma, as well as burnout, and compassion fatigue, treatment is also individual and subjective. I believe awareness that emotional response, whether visible or internal, may be triggered by attending scenes of tragedies is important. The response may impact job performance or may evolve into desensitization. No response to traumatic scenes is in essence a response, also. Awareness and identifying coping strategies that are meaningful for the individual may be effective ways to manage vicarious trauma. Coping strategies could include any variety of actions- prayer, meditation, exercise, physical exertion, hobbies, time with family or friends, positive self-talk, music, reading, or others. Any positive activity that allows the mind to decompress from the stress of a critical incident could be helpful.

Offering awareness information and also, acknowledging that we each may respond to trauma in different ways are important first steps for an organization. Some of us may not express our feelings, internalizing or electing negative coping strategies. Our global culture is changing and encouraging mindfulness and relaying a wide range of resources on mental health. The stigma of sharing a need for psychological help, whether that help comes in the form of a sympathetic ear or a professionally organized plan, has been deeply imbedded in society, and noticeably in law enforcement culture. A law enforcement organization that wishes to retain and support their employees should consider including or encouraging the use of an employee assistance program, provide regular training or announcements to advise of preventive measures for stress management, and should maintain policies of confidentiality so that employees do not feel as though their expressed need is a sole indication of an inability to perform the duties of the position. The installation of a Critical Incident Stress Management Team, which includes access to a professional psychologist and trained peers, is another mechanism an agency may consider. Peer support and supervisor support are also vital options of which organizations should remind their members.

In your opinion, is the criminal justice system currently working fine, or does it need a lot of improvement?

There is definitely room for improvement in the criminal justice system. I believe that there is far too much inconsistency with regards to penalties for crimes and too much weakness in policies and enforcement due to financial and racial disparagement. There are scores of situations of both illogical sentencing and impropriety regarding wealth and race, but I am not able to share them here without presenting factual research.

How often are CSIs involved in investigating cold cases, and if so, do you have any success stories?

As a CSI, it has been rare that I have had the opportunity to assist in cold case re-investigation. In those instances, I had worked with senior homicide detectives in an effort to acquire funds to create a 3-dimensional representation of a scene, of the caliber of the Nutshell Studies of Unexplained Death- crime scene dioramas assembled by Frances Glessner Lee in the 1940s. We were not able to get support for funding. Other methods and tools came available that allowed more in-depth analyses of evidence (biological, latent print, shoe wear, etc.), however, I was not directly involved as a CSI. As a Forensic Analyst, I have been applying the updated algorithms of the automated fingerprint identification system (AFIS) to previously reviewed cases, as a form of quality assurance and I have been successful at identifying prints in 35 of the 150 that I have reviewed between my regular casework thus far. Although many of the identifications have been to the victims, there were a few suspects that were generated, too.

A key aspect of any investigation is the field officer’s expertise. If a crime is spread over a large area, then how do you collect and transport evidence to the lab in an effective manner?

When a scene covers a large area, I would request the assistance of other available CSIs or my supervision. As the primary CSI, I would request each person to handle specific aspects of the scene- photography, evidence measurements for sketching, collection, recording, or any other requirement. If there was no one available, I would enlist the aid of any officer or deputy who was available to accompany me throughout the process, to act as my recorder and assistant. Time is rarely the issue when it comes to scene processing, but lighting, weather, temperature, structural hazards, biohazards, media pressure, onlooker presence, or any combination of these can be issued. The goal must not be swayed by detective or victim pressure and impatience when we’re trying to find, document, and collect evidence of a crime. When evidence requires transport to a distant location, communication is key. Communication between agencies has rarely been my struggle. A phone call and an email would be exchanged to plan the transport of any evidence. Smaller agencies (many agencies, honestly) do not have full lab capabilities, so they rely on state and private labs for evidence analyses. Relationships are built between these agencies and the lab facilities to share policies and expectations for evidence transport, receipt, analysis, and retrieval. As an examiner now, my agency dictates when another agency can bring evidence and how much can be brought on each visit.

In modern times, the traditional criminal tactics evolved tremendously. In comparison to that, how have the investigation procedures evolved with this?

For many years, decisions for changes or improvements were slow-moving and often relied upon a statistical approach. The numbers of crimes, the quantities of evidence, the arrests, the convictions- all strategies focused on reducing the crime rate by increasing a factor here and a factor there. More recently, investigations are taking a more intel-driven approach. There has been a stronger push to return to community policing and engagement with citizens for a more accurate image of how to combat criminal behaviour. Law enforcement officers are being re-trained to listen and ask more questions to get a broader, yet more personal perspective from church leadership, community leaders, parents, people out and about, and attorneys. Hopefully, this approach will reduce the gang-related crime or deter the wayward follower from the path to jail, drug activity, or violent death.

As an Adjunct Professor, what are your key principles in training & educating the next generation of scientists?

Something that I am a strong proponent of is continuing education. I encourage every peer and every student to be a lifelong learner and take a class, listen to a webinar, and enroll in any opportunity that will allow them to network and pick up new information, strengthen or spark interests, or hone skills. There is a multitude of free or low-budget courses and webinars available through several different websites. Also, I recommend engaging with forensic organizations or organizations that share your interests. These affiliations offer great spaces to connect with like minds, exchange ideas, or provide training opportunities.

As the current generation of scientists gets involved in the growing variety of forensic disciplines, I encourage the development of observation skills along with the importance of being inquisitive. As we see and do the different tasks of our positions, question the methodology if it isn’t clear, use each moment as a chance to learn, apply that learning and continue to research where there may be gaps. That is how our fields grow and evolve.

Do you think virtual reality will be a useful tool in training students to become CSI?

Yes, emphatically.  I am encouraged by this question because I have had the great opportunity to contribute to the organization of a virtual component for So You Want to Be a CSI, the forensic textbook which I co-authored. The goal of functionalizing this plan was to give the instructor a chance to put the students on task by having them individually walk through a virtual scene and completely handle it as a CSI. Due to the constraints of COVID and its effects, budget limitations, and personnel retention, providing a live, practical scene can be a daunting event, especially for the novice teacher, the non-practitioner, or the instructor with multiple sections of courses. There is no substitute for true crime scene attendance, yet, a virtual approach is cost-effective and can be assessed to gauge areas for improvement for the trainee or student.

What do you think the biggest problem is in law enforcement today? Here in America? And around the world? And how can we solve some of the problems that you mentioned?

For ages, trust in police has declined. Within law enforcement, agents are allowing feelings and personal emotions to interfere with purposefully fulfilling the duties of the job. Understanding emotional intelligence and applying that awareness and control in situations and scenes will allow a logical approach, a more respectful interaction, and possibly a more appropriate outcome. The community does not respect law enforcement and law enforcement does not respect the community. It is a national and worldwide problem. This problem is not new or recent, but continual. Social media is now capturing all of these emotions and these shared emotions are being challenged.

Since much of the variation in emotional intelligence, respect, and judgment stems from upbringing, personal experiences, trauma, relationships, and overall personality-shaping contributors, solutions would have to pull from all areas of development. A combination of parental and organizational accountability and acknowledgment, an understanding of Golden Rule values, and the institution of a regular (annual or biennial) psychological evaluation of law enforcement officials would be a grand start, in my opinion.

What’s the best advice you can give to young women trying to pursue a career in forensics?

My first recommendation for women entering forensic studies and disciplines is to build connections. Join forensic organizations and subscribe to their emails. Attend webinars and conferences. Get that business card and note where and when you received it. Ask questions. Talk to people who are doing the job you are interested in pursuing. As your network grows, you will grow and be exposed to more options. I also recommend that you continue your formal education if feasible. For-credit or not-for-credit courses are important. Never stop learning,

Yet another tidbit of advice is to be true to yourself- you don’t have to limit your womanhood to fit into the position. We know that men have historically dominated most fields, but we do not have to forfeit or suppress our womanhood to be great learners, performers, or leaders in this or any field. By nature, women are equipped to be analytical, inquisitive, and nurturing and these innate skills should be embraced and utilized in forensics. Suspend self-judgment and find that space in forensic science that fits you, your niche. In summation, stay connected, accept help, be the best woman you are meant to be, keep learning, and train the Next.

You have published textbooks, poems, and song lyrics as an author/co-author. How would you describe the stories/poems that you write? What is your motivation to write crime-solving fiction?

In my earliest days as a Mobile Unit Technician (AKA CSI), I wrote songs- music and lyrics, to distract myself from some of the scenes and from whatever life issue I thought I was experiencing. When I had downtime, I was always thinking of some project to keep my mind active and occupied. I sang in a couple of groups and on choirs and I had my lyrics copywritten, as an eventual legacy. I have rarely been without a pen and a notepad. The poetry came a little later, also as a tool of distraction or method of decompression, long before cell phone games, social media, and fidget spinners became available.

I continue to carry a notepad, making to-do lists or jotting down ideas and plans. I wish I could write “crime-solving fiction,” but my conscious mind is not half as creative as my sleeping mind. I dream vividly detailed dreams and have been recording them for more than 30 years. Some of the dreams have reflected my career in crime scenes, and I’ve awakened to draw rough sketches, outlining evidence and objects or furniture in the scene. I have also had dreams with classroom themes, fingerprints, and office themes, as well as sorority dreams. In the very near future, I will publish my dream series. I feel like I have been given these subconscious movies for a reason. My motivation to write is self-serving. It’s therapeutic and memory-enhancing. In my first psychology class at York College of Pennsylvania, many moons ago, a graphologist shared information about handwriting analysis. She reviewed a portion of my writing and told me that I would achieve what I set out to do, but that my absentmindedness would be a problem unless I wrote things down more. The seed had been planted years before that, but this new information was fertilizer. I truly write because I enjoy reading and I want to get my thoughts out of my head, and in front of me.

What are some everyday tips or tricks that you use to keep motivated or on a daily schedule?

I read Jeffrey Deaver’s books (author of The Bone Collector) for years and one of his characters shared that “if I stop moving, they’ll get me.” There was no real “they” in the story, only her struggles with her perfectionist mentality and need to impress the ghosts of her past. I sometimes feel that way, so I keep moving. I don’t believe I’m a perfectionist in any way, yet I strive to be the best ME that I can be. I walk when I talk in prayer at home, in the classroom before students arrive, and in my own office; I talk to my mother and my sweetheart frequently and I show and tell them and my daughter (and my five pets) that I love them. I recommend giving as a true means of fulfillment. Giving time, giving your talent, or giving in whatever way you can give. Teaching is one way to share what I have learned. I believe that knowledge should not be hoarded. I also believe that we should always be preparing for the next Next. By that I mean, the Next person who will step in and continue what I have started or continued, and the person who could come right beside or behind them. Our employment and skill are temporary adhesives and to keep that field, that discipline, and that story going, we need to share what we know and eventually step aside and see the growth as our next Next steps. They may continue or revise the plan, but that is a good thing. Seeing those that I have encountered through the classroom, training, or brief information exchanges move forward in greatness is motivational for me.

Having worked for almost 3 decades in the Forensic Domain do you still wish to contribute to this domain? How?

I feel like teaching is a great way to contribute and connect with the growing forensic community. I love attending and participating in symposiums and conferences, networking and learning, as well as gaining insight into new and transitioning practices. I am always listening, taking notes, and asking questions, hoping to build relationships of mutual, professional benefit. I have made some exceptional connections through forensic associations and conferences, and with LinkedIn groups and individuals, that have led to great opportunities. My association with Legal Desire, involvement in international conference presentations, podcast interviews, book collaborations, dissertation coaching, and more have branched from my network of LinkedIn professionals.

I established Generation ForSciTe as my family business to expand on our varying creativity with the primary goal of enriching others in the forensic realm. The ‘Generation’ represents the four generations of Leggie (my great grandmother, mother, myself, and my daughter). ‘ForSciTe’ stands for Forensic Science and Technology, which was a student club I created when I taught high school sciences. I wanted to instill the importance of sciences and incorporate its relationship with technology while playing on the word foresight. Generation ForSciTe encompasses proofreading and content review, forensic consultancy, and creative designs in photography and crafts, with room to grow and evolve just as the world of forensic science has continued to grow and evolve.

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In Conversation with Mr. Keshav Kumar, IPS, former Director General of Police & Director Anti Corruption Bureau, Gujarat, India https://legaldesire.com/in-conversation-with-mr-keshav-kumar-ips-former-director-general-of-police-director-anti-corruption-bureau-gujarat-state-india/ https://legaldesire.com/in-conversation-with-mr-keshav-kumar-ips-former-director-general-of-police-director-anti-corruption-bureau-gujarat-state-india/#respond Thu, 21 Apr 2022 10:07:53 +0000 https://legaldesire.com/?p=61086 Mr. Kumar has been in the active Police Service for 35 years now. Just retired from the Indian Police Service in April 2021. He has served as Director & Special Director of Anti-Corruption Bureau, Gujarat, and also served as the Joint Director of TFC Zone – Technical, Forensic and Co-operation focussed on Upgrading the Forensic […]

The post In Conversation with Mr. Keshav Kumar, IPS, former Director General of Police & Director Anti Corruption Bureau, Gujarat, India appeared first on Legal Desire Media and Insights.

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Mr. Kumar has been in the active Police Service for 35 years now. Just retired from the Indian Police Service in April 2021. He has served as Director & Special Director of Anti-Corruption Bureau, Gujarat, and also served as the Joint Director of TFC Zone – Technical, Forensic and Co-operation focussed on Upgrading the Forensic and Technical skills of the CBI. In the State of Gujarat, he has served as ADC to the Governor, Superintendent of Police in nine Districts, and Inspector General of Police, Prisons. He specialised in the application of Forensics in Crime investigation. He has so far been able to get convictions for 58 people solely based on Forensic applications during the investigations through the latest Scientific Aids and tools. He has come to a firm conclusion that all the latest scientific aids and applications are scientific in nature, but their use is an art.

While investigating the Lion Poaching case of Gir Sanctuary in Gujarat, he stumbled upon a new area and created a new domain in Wildlife Crime Investigation. The new area was recognised by WWF Expert Shri Samir Sinha, IFS. He christened the area as, ‘ Use of Conventional Forensics in Wildlife Crime Investigation’. He shared his Forensic knowledge with the Wildlife Crime Investigators. His idea is to create a network of police officers who share his thoughts and contribute to the efforts of Wildlife Conservation as Police Officers.

1. Take us on your journey from student life to being Joint Director at the Central Bureau of Investigation.

My father joined the British Army and fought in the second world war. After independence, he was with the Indian Army. Spartan ethics and discipline in life were the hallmarks. Studied in Central School throughout UP, Gujarat, and Mumbai. Graduated and Post-graduated from St Stephens College Delhi in History (1980-85). Was awarded UGC Fellowship. Fell short of two semesters to complete my M Phil from JNU from the Centre of Historical Studies, before getting selected in the IPS in the year 1986. 

Was allotted to the Gujarat cadre. Served nine districts, two metropolitan cities (Ahmedabad and Vadodara), and sensitive branches as Intelligence & CID Crime. Honed my skills in the application of Forensics in detecting cold cases in CID Crime for almost half a decade. Was awarded President’s Police Medal for Meritorious Services in 2004. Bijal Joshi gang-rape case which was investigated by me ended in the conviction of five accused for life, due to DNA evidence. In 2007 ten Asiatic Lions were poached in the Gir Sanctuary. The State Government decided to hand over the case to me for investigation. Was able to detect and convict 38 poachers, possibly the biggest wildlife crime conviction in India. The case was detected through the application of Forensics. 

A stint as IGP of Gujarat Prisons added yet another flavour to Policing. Won ‘Manthan Award’ from ‘Digital Empowerment Foundation of India’ for establishing the ‘Telemedicine facility’ having Satellite connectivity for Sabarmati Jail for custodial Healthcare which was inaugurated by the Hon’ble Chief Justice of Gujarat. 

Was inducted into the CBI in 2010 as Joint Director, primarily because of possession of Forensic knowledge, and a new Zone devoted to Forensics was created for the first time in the CBI. As Joint Director CBI Delhi supervised Interpol Division, Forensics Division, and System’s Division. Received Appreciation Note from FBI Director for superb co-operation. Detected Jnaneswari Train accident and Netai Massacre case of West Bengal in 2010. Both the cases were detected through Forensics. Forensic appraisal of the scene of the crime in the Bhanwari Devi case was supervised by me and extracted incriminating evidences against the accused. DNA profiling of charred bones of Bhanwari Devi was sent to FBI Lab which was the turning point in the case. Shehla Masood murder of Bhopal was handed over to me and ended in a conviction for 5 accused. The forensic application was the crucial key. TAFSU – Technical and Forensic Support Units were established in 17 Zonal Directors of CBI. Was awarded the Sanctuary Asia award for the conviction and use of Forensics in the investigation of the Asiatic Lion Poaching case. Awarded with Presidents’s Police Medal for Distinguished Services in 2014 as Joint Director CBI Mumbai. 

58 accused have been convicted so far in my career. Maximum use of successful Forensics applications has been the common denominator in all the cases investigated by me. 

My tenure with the CBI came to conclusion in 2016 and I returned to my Cadre Gujarat and got posted as Special Director Anti-Corruption Bureau Gujarat State. I retired as the Director-General of Police and Director Anti-Corruption Bureau in Gujarat State.  

2. How important is it for a Forensic officer to visit a crime scene for investigation?

The statements recorded before a Police officer is not tenable in the Court of law. Under these circumstances, the Role of a Forensic Expert becomes very important, as their testimony and Expert report are tenable in the Court of Law. Hence, it is an advantage to seek their help at the time of collection of the evidence, so that their expert report can be held by the Court. More so, Police officers are not professionally trained for the proper collection and packaging of the evidence. The identification and collection of the evidences under their supervision will go a long way in seeking a conviction in the case. In all my investigations, the Forensic team used to be an integral part of the investigating team. In the Lion Poaching case of Gir Sanctuary, a team of 15 Forensic experts were with me for almost a month inside the Gir Sanctuary. Most of my convictions were the result of a strong Forensic interface. 

3. So far you have 58 successful convictions (Conventional & Wildlife Crime) in cases supervised under your guidance solely based on Forensic application during the investigations through the latest Scientific Aids and tools. What are some of the most popular scientific aids and techniques being used for investigations in our country?

Psychological forms of detection of deception techniques in an investigation like Psychological assessment of criminals and scenes of crimes, Psychological Autopsy, Forensic Statement Analysis, Audio Statement Analysis, LVA-Layered Voice Analysis, SDS – Suspect Detection System, Eye-Detect, Polygraph, Brain fingerprinting, and Narco- analysis have played a major role in the investigations conducted by me. DNA Fingerprinting of late has been used in a very unconventional manner by me, in the case of Traps organised while I was in the Anti-Corruption Bureau as Director. 

4. You have been serving as ADC to the Governor, Joint Director of Central Bureau of Investigation, and Director Anti-Corruption Bureau. How are these roles different from normal policing?

The role of ADC to the Governor taught me the art of looking after the safety and security of the VIP, the Hon’ble Governor. As ADC to the Governor extensive touring of the State along with the Governor helped me understand Gujarat much better. Various meetings with the Bureaucrats and the functionaries helped me understand the Administrative Eco-System much better, which is crucial to understanding the law and order situation of the state. Understanding the Tribal development issues was a new component of my training as a Police officer, which played a major role in formulating the concept of ‘ Policing a Tribal dominated area’. The job of ADC in the early formative years gave me a panoptic view of the State administration which subsequently helped me in Police administration and normal policing.

As Joint Director of CBI of TFC Zone – Technical, Forensic and Co-operation focussed on Upgrading the Forensic and Technical skills of the CBI. Close co-operation with Interpol Lyon ( France ) helped me understand International Police Co-operation methods and modalities and undertake extending help in the overseas investigations of various States of the country, with different countries of the Globe. In routine policing, these issues do not come to the fore.

As Joint Director Mumbai of the Economic Offences wing and thereafter as Joint Director Mumbai for the Anti-Corruption Branch helped me to understand and investigate cases related to high-value financial crimes, scams, and high-level corruption in the Bureaucracy and the Public Sector undertakings. This canvas of exposure is very difficult to get in routine policing. Anti-Corruption work is a different area altogether as it’s a specialised agency working only on the Anti-corruption matters. 

The areas enumerated above are generally not covered in normal policing which primarily focuses on law and order duty and routine conventional investigations. The specialised agencies focus only on the special areas of policing and hence become experts in the specialised area of policing.    

5. Talking about the Lion Poaching case of Gir Sanctuary in Gujarat, The new area ‘Use of Conventional Forensics in Wildlife Crime Investigation ‘was recognised by WWF Expert Shri Samir Sinha, IFS. Can you please share your experience with us?

I never had the opportunity to investigate a Wildlife crime and that too of such a massive scale having International and National ramifications before. Had equipped myself with adequate professional knowledge in the investigation of crime with the high-quality forensic interface, by the time I had picked up my rank as the Deputy Inspector General of Police. Bijal Joshi gang-rape case of 2002 had already resulted in the conviction of five accused for life. The case could reach conviction only because of the DNA fingerprinting resorted for the first time in a rape case in Gujarat. Had mastered the art and expertise in the application of conventional forensics.  

Wildlife Crime investigation generally focuses on the application of biological forensics primarily. The Gir Lion poaching case was detected, investigated, and convicted using all the possible Forensic tools applied in a conventional crime in addition to Biological forensics. This confluence made Shri Samir Sinha craft a new vista of Convergence of Conventional Forensics and Wildlife crime forensics. Biological Forensics including DNA was being traditionally applied by the Forest Department in the investigation of Wildlife Crime which focussed on the identification and analysis of hair, bones, flesh, and blood of poached animals. In addition to the traditional Biological forensic application, the conventional Forensics tools were used by me a conventional crime investigator. Following conventional tools were used by me in this case. For the first time, conventional and modern Forensic & Psychological deception detection techniques like  Polygraph, Brain-fingerprinting, and Narco-analysis were performed on the accused with the permission of the Court. The creation of a new investigation paradigm was thus opened in the Wildlife Crime investigation. A well-conceived and co-ordinated marriage took place between conventional and Wildlife crime Forensics interface for future forays in this field. A replicable model thus came into being.  

6. In your opinion, how important is it for a police officer/detective to have a scientific temperament for effective policing & investigations of crimes?

According to the Crime figures shown by NCRB, the following is the Conviction rate in major offences: Murder – 44%, Rape – 34%, Kidnapping, and abduction – 36%, Rioting – 30%, and Hurt – 42%. The average National Conviction rate comes to 37% in major crimes approximately. The figure is testimony to the fact that the traditional methods adopted in crime investigation have not yielded desired results. The need is, therefore to focus more on Scientific and evidence-based investigations to enhance the conviction rate.

The changing scenario of crime and criminals does need a police officer to have a scientific temperament for effective policing. Modern cybercrime investigations are very scientific and hence the need for techno-savvy police officers to detect and investigate such new forms of crime. The higher the digitisation and computerisation, the higher will be the need for techno-savvy crime investigators. A techno-savvy police officer can not only detect, investigate and help convict an accused but also help in the prevention of the crime. Our criminal justice system is primarily based on ocular evidence which is prone to be hostile at the time of examination. Technical and Forensic evidences can stand the judicial scrutiny in favour of the prosecution.  Article 51(a)(h) of the Fundamental Duties in the Indian Constitution, exhorts all the citizens to develop a scientific temper.  

7. What are your views on the scope of Wildlife Forensics in India?

As gleaned from the success in the investigation of the Gir Sanctuary Asiatic Lion Poaching case, Wildlife Forensics needs to expand its horizons to the realm of using conventional Forensic tools too. The application of Conventional Forensics along with Biological Forensics proved to be the last nail in the coffin leading to its conviction. Reading through all the three Judgements delivered by the Hon’ble Court one will be able to find that the Hon’ble Court laid heavy reliance on Forensic Evidence collected by the police. 

I find that the application of ‘Locards Principal of Exchange’ has not been applied and appreciated by the Wildlife Crime investigators. There is a need to train Forest officers in comprehensive Forensic application in their investigations. Not all Forest Crimes are investigated by the Police. The majority of Forest related crimes are investigated by the Forest officers. 

It’s very heartening to find that the average conviction rate in 2020 vide the NCRB data,  in Forest related crimes is to the tune of 55%, which is a high conviction rate. The average conviction rate in major body-related crimes is only 37% in 2020, vide the NCRB data. I can certainly bet that if Forensics is comprehensively applied in Forest related crimes also, then the rate can further be raised manifold. There is an acute need to have a Comprehensive Forensic Laboratory exclusively for the Forest Crimes with the Forest Department. Thorough training in comprehensive Forensics for all the Forest officers and staff is the need of the hour. It’s pertinent to mention here that the statement recorded before a Forest officer is tenable in the Court of Law and hence a high conviction rate is realized. The conviction rate will further enhance manifold if the Forest officers use comprehensive Forensics after getting a thorough training in the application of a wide spectrum of Forensics. 

8. You have trained National & International Police Officers. How is it different to train Officers abroad & in India? And what are the challenges encountered by you?

I have trained more than 1000 Indian Forest officers and the Law Enforcement officers across the country (Karnataka, Kerala, Tamilnadu, UP, Delhi, Chandigarh, Gujarat, Rajasthan, Maharashtra) and abroad about 1500 officers of (Asia- Bangladesh, Myanmar, Sri Lanka, Cambodia, Malaysia, Maldives, Taiwan, Nepal, Bhutan, Tajikistan, Vietnam, Philippines Africa- Kenya, Zimbabwe, Botswana, Swaziland, Tanzania, Uganda, Nigeria, Namibia, Lesotho, Seychelles, Ethiopia, Ghana, Liberia, Madagascar, Malawi, South Sudan, Mauritius, Uganda, Togo, Cote D’ivoire,  Middle East- Palestine, Iraq Eastern Europe- Bosnia- Herzegovina Oceania- Fiji, North America- Common wealth of Dominica, into the application of Forensics in general crimes and wildlife crime cases, through the case study of the Gir Asiatic Lion Poaching investigation.  

The common universal observation found during the training is that officers lack in knowledge of Forensics and Forensic applications. The other weakness found was that there is an absolute dearth of professionally trained Prosecutors in the Courts. There is an acute paucity of Wildlife Crime Forensic Experts too. The Training needs should therefore be a high priority for all the three, the investigators, the prosecutors, and the Forensic Experts.

There is a variety of Forest related crimes in India due to its rich flora and fauna, hence scope to get exposure and expertise is very high in India. This canvas is limited in the Foreign countries and hence they have little exposure to Wildlife Crime as compared to Indian officers. The Foreign countries, however, score on skills and facilities for investigation, especially the Forensic facilities and the expertise available to them.  

9. While working at the Police Department, you might have had numerous occasions dealing with crime scenes, victims & suspects interrogation, and dead bodies. Did it affect your personal life?

I have had numerous occasions dealing with crime scenes, victims & suspects interrogation, and dead bodies. It certainly affected my personal life initially when I joined the duty as an ASP. Gradually became immune to it as it was almost a routine affair. For example, as ASP one had to personally supervise the investigation of Unnatural Deaths of women. Several such cases were supervised by me, which necessitated close encounters with dead bodies. As per Hindu tradition if one has visited a dead body one needs to take bath after the visit. For some time I could follow the tradition but gradually I felt that it was coming in the way of my performance. 

Hence had to do away with it. While handling Kandla Cyclone in 1999 and the Kutch earthquake in 2000, wherein I would have seen and handled thousands of dead bodies and their cremation with diesel and other combustible material. Ghastly crime scenes, handling dangerous criminals and suspects lingered on in the mind for a long and had an impact on the mental health. 

While investigating the Jnaneswari Train Accident case as Joint Director CBI Delhi, in the year 2010 in Jhargram West Bengal, wherein 149 passengers were crushed to death while sleeping, early in the morning, the ghastly scene is still fresh in the mind. We resorted to DNA Fingerprinting of the mutilated body remains to establish the identity. We stood inside the Kolkata mortuary for eight hours to extract the best pieces from the dead body remains to get the DNA. It was possibly the biggest interaction with the dead bodies in my life. We were successful in establishing the identity of seventeen dead bodies through DNA Fingerprinting technology and handed over the remains to their relatives for the final rites. A tremendous sense of satisfaction was achieved when the State Government of West Bengal and the relatives of the deceased thanked me for helping them in closing their case and giving a final closure to the deceased. 

In order to perform well professionally, the hazards enumerated above were toughening the mind and the mental state too. It requires nerves of steel and a very strong heart.  

10. The police professionals are called at various scenes of crime for investigation regularly. How did you manage to indulge into research work in spite of administrative work? What challenges did you encounter while doing so?

I Graduated and Post Graduated in History from St Stephen’s College Delhi. For Research went to JNU, Centre for Historical Research for my M Phil again in History. When I joined the IPS, the legacy hounded me and always guided me to look for a deeper understanding of the issues. Maintained a diary of my experiences and observations. Couldn’t write long articles but I jotted down points always. I made power-point presentations from the year 1999 when I bought my first desktop and saved them. Possessing a laptop helped me tremendously in building my observations in due course of time. 

I served in Branches like CID Crime (2002-2007 ), IGP Prisons (2007-2009), CBI Delhi and Mumbai as Joint Director ( 2010 to 2016 ), Spl Director ACB Gujarat and Director Anti-Corruption Gujarat ( 2016-2021 ) gave me ample time to indulge in intellectual exercises and academic work. These Branch postings were not having much demanding having long hours of fieldwork. I could focus in a limited way though.

I started teaching and delivering lectures on Forensics from 2000 onwards backed by my rich experience and having the data too. Post-retirement I am busy completing my Ph.D. from the National Forensic Sciences University. Propose to write a book on Application Forensics after I complete my Ph.D.

11. Police Departments all over the world are struggling with backlog cases. What can be done to minimise the pendency of cases?

Would like to draw attention to a figure for 2020 rolled out by the NCRB. A look at the figures will convince that there is a dire need to have an appraisal of all the cases filed if they need to be charge-sheeted at all! The rate of charge-sheeting in rape cases are 82% and the conviction rate is 39%, Murder – the rate of charge-sheeting is 85% and the rate of conviction is 41% and in Rioting cases, the rate of charge-sheeting is 89% and the conviction rate is 30%. The corollary is that half of the cases chrge-sheeted do not end in conviction. This certainly a big burden on the criminal justice system. The figure will stand testimony to the fact that all the cases need not be charge-sheeted for trial in the Court and it requires a change of the Charge-sheet mentality being afflicted. 

Generally and traditionally in all the States registration of FIR means finally charge-sheeting the case without fail and sending the accused for trial as a routine exercise. It is the duty of the various rungs of Supervising officers to professionally appraise the evidences at hand, absolutely and apply their on the appraisal of the evidences gathered and take a call, whether to go in for charge-sheet or not or go in for an appropriate summary. It is high time to halt this trend and help reduce the burden on the Investigation officers and the Hon’ble Courts. This would require a high level of professionalism in the investigation and extremely high level of incisive supervision by the supervisory officers, which is highly wanting. Would like to highlight that in CBI all FIRs do not necessarily end in charge-sheeting. Summaries are filed in weak cases in which chances of conviction are low. 

This professional strategy has resulted in a high conviction rate in the CBI. It’s the result of professionalism in investigation with the forensic interface at all steps, a high degree of incisive supervision by the various rungs of supervisory officers, and the cutting edge vetting by the Legal luminaries at the exclusive command of the CBI. No wonder the present rate of conviction in the CBI is approximately 70% as stated by the CBI Director SK Jaiswal before the top court. The CBI Director has also assured the top Court to raise the conviction rate to 75% by August 2022. 

The various Police forces need to emulate this strategy of the CBI to unburden the Investigators, Courts and thereby, raise the conviction rate.

Pruning of witnesses and so-called evidences need to be resorted to. More application of mind is required to be put in by the supervisory officers in the investigation. We also need to have more Courts with minimal adjournments. 

12. What is the most rewarding aspect of the job? What will be your advice to those seeking a career in Forensic Science & Policing?

The most rewarding aspect of the Police job is delivering instant justice to the victim by the just use of power one is endowed with. Have umpteen instances where I could save the lives of so many people facing dangerous situations in their lives during the Kutch earthquake (2000) and the Kandla Cyclone (1999). Nothing is more rewarding than saving human lives.

Getting 58 accused convicted through the use of Forensics and professional investigation, in my career of 35 years, is my biggest achievement as a Police officer. Very many cases are now on the Judgement stage which assures me to enhanced my conviction figure. 

My advice to the budding police officers is to take a keen interest in Forensics to become an extra effective Police officer in an extraordinary way. Most of the inputs given to a Police officer during the probationary days are constant in content like IPC, CrPC, IEA, and various other Major and Minor Acts. It’s only Forensics that value adds to the expertise as an investigator and makes investigation an Art. 

Forensics adds a rich flavour of creativity to the investigation. I coined a new area of ‘Fusion Forensics’, wherein two different Branches of Forensics are used to get an opinion, and inevitably the opinions match, thereby value-adding to an exhibit’s potential to be used differently and fortifying its forensic potential. This is what I call, “Creative Forensics” wherein we play with the exhibits very creatively. Application of Forensics is an art. All the Scientific Investigation tools are scientific in nature, but their use is an art. Being a student of Humanities, see the investigation as a Creative form of Art to deliver justice. My case studies of successful cases which ended in conviction are full of such forays into creativity in Forensics as an art form. 

I dedicate my success as a Police officer to all those Forensic Experts who stood by me like a rock and guided me into the professional investigation with Forensic Interface leading to a conviction. I see a very strong future for Forensics as the Hon’ble PM and the Home Minister are rooted in strengthening Forensics. Please note that the then Chief Minister of Gujarat Shri Narendra Modi established the first Forensic University in the world in Gujarat – Gujarat Forensic Sciences University. It’s now been upgraded to the National level and named National Forensic Sciences University with new Branches in Goa and Tripura. This is going to have a huge impact on the Forensic field by rolling out hundreds of Forensic experts every year to fill the gap of vacancies in the Forensic Departments all over the country, thereby raising the bar of Forensic application at an all India level. The budding Forensic Experts and Police officers need to reap a rich harvest from this golden opportunity thrown open by the present Government. It will help raise the standard of investigation overall.

13. Do you still wish to explore and contribute to the field of policing & forensics? How?

I have decided to devote my retired life to the cause of Forensics teaching, training, and improving the standard of criminal investigation overall. Wish to kindle a crusade to promote maximum usage of Forensics knowledge & application in all criminal investigations at an All India level, among the Police Forces and the Law Enforcement Agencies. 

Have been training Law Enforcement officers all over the country and abroad in Forensic applications in crime investigations. Have been appointed as Professor of Eminence at the National Forensic Sciences University Gujarat and as Emeritus Resource Faculty at the Rashtriya Raksha University, Gujarat wish to continue my mission. 

It’s my passion and mission with a vision to improve the image of the Police in the eyes of the public by raising the conviction rate through the application of Forensic tools and scientific evidence-based investigation. Help me and guide me to spread the message of maximum application of Forensics to improve the overall conviction rate and the image of the police. Overall, the average conviction rate in India for major crimes is as low as 37% only. The challenge is the rest 63% of the cases for all of us.  

There is a huge scope of work in this field which is unexplored. Let’s enhance it by using maximum Forensics. It’s very heartening to find both Hon’ble PM and HM rooting the cause of Forensics in a big way. I think the right time has just come. The iron is hot. 

The other emerging area is the use of Preventive Forensics in Non-Criminal (business, industrial & private individual) cases. Trying to focus more on this emerging area.

Think Forensics, think beyond. Let Forensics be a game-changer. Let Forensics be intrinsic to Policing. Wish to do my bit. Post covid, I am the ‘Forensic Warrior’

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In Conversation with Dr. Vinod Dhingra, Senior Scientific Officer, Police Training School, Tighra, Gwalior, Madhya Pradesh https://legaldesire.com/in-conversation-with-dr-vinod-dhingra-senior-scientific-officer-police-training-school-tighra-gwalior-madhya-pradesh/ https://legaldesire.com/in-conversation-with-dr-vinod-dhingra-senior-scientific-officer-police-training-school-tighra-gwalior-madhya-pradesh/#respond Fri, 15 Apr 2022 08:33:24 +0000 https://legaldesire.com/?p=60845 An erudite scholar in Forensic Science, of immense caliber, Dr. Vinod Dhingra, Senior Scientific Officer at Police training college Tighra, Gwalior did his P.G. in Organic Chemistry from the distinguished Jiwaji University of Gwalior in 1989 with the first position in merit list he was awarded Doctorate in Philosophy by Jiwaji University, Gwalior in 1993 […]

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An erudite scholar in Forensic Science, of immense caliber, Dr. Vinod Dhingra, Senior Scientific Officer at Police training college Tighra, Gwalior did his P.G. in Organic Chemistry from the distinguished Jiwaji University of Gwalior in 1989 with the first position in merit list he was awarded Doctorate in Philosophy by Jiwaji University, Gwalior in 1993 and synthesized various heterocyclic compounds which were tested as anti-cancer and Anti-HIV compounds in N.C.I. Maryland U.S.A. In 1998 selected by the Government of Madhya Pradesh as a scientific officer in the Forensic Science Laboratory. He has done a Certificate Course in Crime Scene in Investigation at the National Institute of Criminology and Forensic Science, Ministry of Home Affairs, Government of India, New Delhi in 1999. During his charismatic career as a Forensic Scientist, he underwent several trainings from various Indian premier institutes like ITRC Lucknow, CFTRI, Mysore, etc.

The deep insight and depth of knowledge in Forensic Science and Crime Investigation with creativity and innovation nourished his research capabilities in him. Consequently, he left no stone unturned and presented and published numerous research papers of national and international repute. Forensic research 2015 Atlanta U.S.A invited as speaker to deliver a lecture on pitfalls of quantitation of drugs in drug-related deaths.

Having a vast experience of about 24 years as an Officer in the field of Forensic Science and Crime Investigation and having inspected 300 various types of scenes of crime – homicide, suicide, accident, rape, gang rape, arson – the experience of this genuine forensic scientist helped him in analyzing and reconstructing the scenes of crime in many doubting and sensational cases and analyzed about 8000 cases and more than 15000 exhibits of criminal cases of chemistry and toxicology, published several papers in national as well as international repute. The prosecution witness of Dr. Vinod Dhingra before the court of law has been very crucial in putting the culprits behind the bars. The Directorate of Forensic Science, Ministry of Home Affairs, Government of India, New Delhi, honored this Forensic Scientist and Crime Investigator with DFS Meritorious AWARD–2008, in the field of Chemical Sciences.

In June 2012 at the All India Forensic Science Conference in Srinagar, Jammu, and Kashmir, in March 2015 at the All India Forensic Science Conference in Bhopal, he was awarded for presenting the best paper in Chemical Sciences. He has also been awarded for the best papers on several occasions. District Gwalior DM honored him on 26th Jan 2017 for solving several blind murders.

It is a matter of great pride and honour that Dr. Vinod Dhingra was invited to deliver lectures and talks to judicial officers, investigating officers of M.P. Police, and prosecution officers.

He also delivered lectures and examiner at various universities like Bundelkhand University Jhansi, B. B. A. University Lucknow, Jiwaji University Gwalior, and the Punjabi University of Patiala.

What inspired you to join the Forensic domain during those early days, when there wasn’t much awareness about Forensics? How was this step perceived by others?

Absolutely correct being a synthetic organic chemist I was too unaware at that time regarding forensic science but literally when the public was in the opinion that in India crime/criminal tracing rate and conviction rate were poor in the criminal justice system. I thought there must be an application of science to solve cases accurately without using the third-degree treatment and to rescue innocent persons. It was challenging to apply chemistry in solving the crimes and most of the procedures and tests involved chemical reactions and I had performed most of the tests during my research work.

Based on your experience, what are some of the most critical and challenging aspects of Crime scene investigation

You know the crime scene investigation is always challenging because every case is unique in its own aspect but the falls from height and drowning etc. are challenging in the way if somebody is used as a homicide.

In your opinion, what approaches are required to ensure there is no backlog of cases in the Forensic Laboratory and to clear any existing backlog of cases?

For quality examination and following SOPs it is mandatory to employ desired forensic scientists in the laboratory and modern automated instrumentation may be useful.

You have attended many crime scenes of different nature. What difference do you find compared to working in the laboratory setting?

The approach of solving the case at the crime scene is somewhat application of all senses as well as basic knowledge however the laboratory examination requires basic skills and applications of set SOPs.

How important is it for a Forensic Officer to visit a crime scene for investigation?

Definitely, each crime scene must be visited by the forensic officer which is responsible for the proper collection and preservation of physical evidence including their positions required in crime scene reconstructions.

Most of the professionals working at various FSLs are overburdened by the casework. But you managed to indulge in research work in spite of all this. How important is it to do so?

Yes, it is true forensic professionals are nowadays overburdened but if you have passion and curiosity about obtaining results in scenarios where available methods are not result-oriented then definitely you must apply some research aspects and after getting results it must be shared on the scientific platforms for suggestions and validations.

You have delivered lectures and talks to judicial officers, IO’s, prosecution officers, and various Universities. How was this experience different from that of a laboratory setting? What were the frequently asked questions by the students and professionals from different backgrounds?

Since I was previously engaged in the teaching profession and worked as an assistant professor of chemistry so the basic teaching skills are the same and since I am doing practical work so it is easily applicable for me to update them on correct practices in their routine work.

What do you think about forensic science technology in movies as it compares to real-life crime-solving/investigation?

Earlier TV shows like CID were showing imaginary work but nowadays various script writer-directors and producers are applying forensic science judiciously with the consultation of forensic experts.

What would you say is the most rewarding aspect of your job and the most challenging aspect?

As per the challenging aspect, the job is 24×7 due to which many family functions are missed most of the time, but it is rewarding when victims get justice on behalf of our work.

Has getting exposed to a large no. of crime scenes affected your personal life? What are some tips to balance your personal & professional life?

Yes, family quality time is affected but it may be compensated with periodical holidays and leaves with family members and they also know the society’s requirement of experts.

Do you have a story to tell about an incredible case that you solved that you’re really proud of?

There are a lot of cases to discuss which were solved in the laboratory as well as in crime scenes where we have no clues like in a case where drug peddlers were using an injection of medicine but our chemical analysis proved narcotic drugs in the medicine vials. Similarly, in Bhopal lady was selling illicit liquor but the police were unaware because she was applying dye and bleaching powder on the basis of chemical awareness and analysis. We have solved cases similarly in crime scene investigations where all the witnesses were hostile on the basis of our reports they were penalized.

What’s your best tip for aspiring forensics scientists?

Hard work and no shortcuts.

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In Conversation with Dr. Anna Barbaro, Ph.D., Founder & President of Worldwide Association of Women Forensic Experts (WAWFE) https://legaldesire.com/in-conversation-with-dr-anna-barbaro-ph-d-founder-president-of-worldwide-association-of-women-forensic-experts-wawfe/ https://legaldesire.com/in-conversation-with-dr-anna-barbaro-ph-d-founder-president-of-worldwide-association-of-women-forensic-experts-wawfe/#respond Wed, 16 Mar 2022 17:45:05 +0000 https://legaldesire.com/?p=60394 Anna Barbaro, Founder & President of the Worldwide Association of Women Forensic Experts (WAWFE), holds a European Ph.D. in Forensic Genetics, a Diploma of Specialization in Applied Genetics, a Master in Psychological and Behavioral Techniques of the Criminal Investigation. She has diplomas in several post-degree courses in forensic sciences. Chief of the Forensic Genetics Department […]

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Anna Barbaro, Founder & President of the Worldwide Association of Women Forensic Experts (WAWFE), holds a European Ph.D. in Forensic Genetics, a Diploma of Specialization in Applied Genetics, a Master in Psychological and Behavioral Techniques of the Criminal Investigation. She has diplomas in several post-degree courses in forensic sciences. Chief of the Forensic Genetics Department at Studio Indagini Mediche E Forensi (SIMEF), Italy with over 25 years experience as DNA Expert Consultant at Italian Criminal and Civil Courts. Post-Doctoral researcher at CINQUIFOR – University of Alcalá de Henares (Spain). She is a professor of Forensic Genetics in several post-degree courses, member of several international scientific associations, member of the editorial committee and reviewer for some international scientific journals, author of technical manuals about forensic science, author of more than 150 papers/publications about DNA typing and forensic science, conference and course organizer, invited speaker in courses and conferences, director of Master and Ph.D. thesis.

What inspired your interest in the Forensic domain and when did you decide that Forensic Science is the career for you to pursue?

I grew up in the forensic science field because my father is a pathologist who in the 80s created in the South of Italy a laboratory named Studio Indagini Mediche E Forensi (SIMEF) where there are performed criminalistics analysis. For decades, much famous casework has been investigated at SIMEF.

You have a Master’s degree in Psychological and Behavioural techniques in Criminal investigation and diplomas in several post-degree courses in Forensic Science. But you have a Ph.D. in Forensic Genetics. What inspired your interest in Forensic Genetics?

When I started my degree studies, DNA fingerprinting had been recently introduced by Prof. Alec Jeffrey from the University of Leicester (UK) who utilized this new method to solve a double murder case. I was fascinated by its potential.

In fact, also my degree thesis and the one of the School of Specialization in Applied Genetics were concerning forensic DNA typing.

Over the years I have assisted in the entire evolution of DNA typing from the first techniques to the nowadays fast and very sensitive methods that allow also us to analyze trace samples (i.e. touch DNA).

You are the author of more than 100 papers about Forensic Genetics. In your opinion, what are the most important areas within Forensic Genetics research and development today?

In my opinion, great potential in forensic genetics has the introduction of the Next Generation Sequencing (NGS) method that appears useful because of the rapidity, high sensitivity, high multiplexing capacity (that means the ability to analyze simultaneously different types of genetic markers such as autosomal and sexual STR, SNPs, mt-DNA, ecc) using relatively reduced sample quantity.

In particular, Forensic DNA Phenotyping (FDP) appears really promising. FDP refers to the possibility of obtaining information about the externally visible characteristics of the donor of evidence.

It consists in the analysis of SNPs markers for the prediction of externally visible characteristics (i.e. color eyes, hairs, skin), of biogeography ancestry (that is, the geographical origin of a person’s biological ancestors and a person’s age) with the aim to create a composite sketch useful to identify the donor of a crime scene evidence. This is really relevant when no suspects are available for comparison of DNA profiles using traditional STR markers or no match is found with a national database.

You are the founder and President of the Worldwide Association of Women Forensic Experts (WAWFE). What was your inspiration and what were the challenges that you encountered?

In 2011, I founded WAWFE (www.wawfe.org) when I realized that the Boarding Committees of many forensic associations especially in some countries were mostly made up of men even if the conference participants were generally mostly women. Because of this, the main WAWFE aim is to promote the recognition of women in the international forensic community This is very important, especially in countries where generally women still meet difficulties in the job market and are discriminated against in particular when trying approaching to this specific field.

The other aim is obviously to favor the dissemination of forensic sciences through the organization of events, courses, and conferences, the publication of technical manuals.

I’m proud to see the association has grown up a lot during the last years with the support of many persons (not only women) who collaborate actively in realizing several initiatives. To date, WAWFE has 23 coordinators (women and men) all over the world.

To celebrate forensic women, in 2020 I created the International Forensic Women Day that is held each year on October 16th. My idea achieved immediately the attention and support of the Presidents of other international associations first of all the one of Antoinette Campbell, founder of the Association of Women in Forensic Science, Inc. (AWIFS), that is WAWFE partner. Due to the great number of women involved in forensics, in my opinion, this is a way to recognize their efforts.

You are a member of several international scientific associations and journals, and a reviewer for numerous national and international publications pertaining to Forensic Sciences. What are the general issues that you have encountered during your assessment? What advice would you like to give the young researchers of the Forensic domain who wish to publish their research work in reputed journals?

When I started my career in forensics there were few forensic women, and still, there were prejudices and difficulties, because this field was predominantly male interest.

In addition, some technologies were in development, especially in the field of forensic genetics. During years I never stopped studying, I still continue attending courses on specific topics of my interest, because it’s relevant to keep updated with the last findings in the field. In addition, I continued performing research for developing and validating new methods useful in forensic biology and genetics. Many studies have been presented in conferences or published in scientific journals. I suggest to young researchers to identify the main investigation line according to their own interest and to perform studies related to it, trying to publish results in peer-review journals with a high impact index. Many journals are now available online but not all of them have a good reputation or are indexed. Because of this, it’s really important to check information about the journal quality indicators before submitting a manuscript. In addition, it’s relevant to prepare a good paper, detailing research objectives, methods, and results. Being accurate in this, avoid the reviewers asking for many revisions or rejecting the manuscript.

You have been a DNA Expert Consultant at Italian Criminal and Civil Courts. Describe your experience.

During many years of activity, I dealt with many casework such as homicides, suicides, human remains identification, parentage relationship, paternity tests.

I had many cases famous in Italy, some of them still opened. Furthermore, I had the opportunity to collaborate with UK police analyzing samples related to cold cases.

As an expert of the Prosecutor or of the Criminal court my work consists in analyzing DNA from the evidence (e.g. blood, saliva, hair, etc.) collected at the crime scene and comparing DNA profiles from evidence with that of the victim(s) or of the suspect(s), if available. Sometimes I can go directly to the crime scene to collect the evidence that I will later analyze at the laboratory.

As experts in the Civil Court, I generally analyze biological samples useful for paternity tests or complex parentage relationship reconstructions, generally from living people but sometimes also from deceased people (i.e. bones after an exhumation).

How is being an expert consultant and a researcher different from being an academician?

In my case, the two aspects are strictly connected because I have the opportunity to share my previous experience related to my research and to real casework with students and they are fascinated with this because they can see the practical application of all that they’re studying in theory and also the main problems they have to face. Real experience in my opinion increases the ability to share knowledge.

Many forensic professionals have raised concerns about the discrepancies between the fictional portrayal of Forensic Science and its application in the real world. In your opinion, do these discrepancies exist in relation to Forensic Genetics? If so, in what way? And do we have to be gravely concerned about such discrepancies?

In the last years, television shows, movies, and true crime have produced high expectations for the contribution that scientists and technologies can offer in solving violent crimes.

This so-called “CSI effect” has produced worldwide an excessive interest by students and professionals towards forensic science. In fact, many persons started their careers in the field due to media influence.

But the reality is very different from what appears on TV and real problems and difficulties are great! In fact, due to the hard confrontation with reality, many people who started the forensic activity with great expectations, then they were not able to continue with it.

For example, some forensic science students who came to my laboratory for training, felt bad during autopsies or when viewing a putrefied body, or a lot of blood at the crime scene. Reality is very different from the theory, and also the resistance capacity of each one in front of difficult situations.

What is the most rewarding aspect of the job? What is the best piece of advice for those seeking a career in Forensic Science?

The results of a forensic DNA analysis may contribute to establishing the guilt or innocence of a person, to establish or exclude familiar relationships, because of this, it requires a great scientific competency that may only be achieved by specific education and training, pluriennual experience, application of standardized scientific protocols and obviously stringent professional ethics. Because of this, to become a good forensic expert it’s necessary not only to study at degree and post-degree levels, attending courses on specific topics of interest organized by professionals in the field. Furthermore to be trained it’s relevant to work side by side with real experts because a forensic scientist must have not only theoretical but also practical specific knowledge.

Being an academician and a researcher in the Forensic domain for about two decades, how do you wish to contribute to this domain?

I wish to give my contribution to the forensic field with my research, conference presentations, articles and books. In fact, apart from my publications in scientific journals, I’m also the coordinator and author of a DNA chapter of the Manual of Forensic Science, published in the USA in 2017 by CRC Press that is the result of an international collaboration between WAWFE professionals, coordinator and author of two chapters (DNA and CSI) of another manual of Criminalistics and Criminology, published in Spain in 2020 by Tébar Flores and in 2021 in Colombia by Ecoe Ediciones, author of another manual about The technical Probe in the Penal Trial, published in Italy in 2016 by Key Editore. Actually, I’m the coordinator of a new book about Crime Scene Investigation now in the publication in the USA by CRC Press. Finally, I’m the author of the other 4 chapters in 3 books about DNA Typing (Springer, Elsevier). All these manuals are addressed to professionals and students, in fact, they’re reference books in some courses.

Finally, WAWFE gives a great contribution to the forensic field by organizing webinars, courses, conferences also in collaboration with other groups. This gives the opportunity to students of meeting experts in different forensic fields and to learn from them, but it’s also an occasion for professionals to share knowledge between them.

 

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Forensic DNA Technologies and Cold Case Resolution – A Review https://legaldesire.com/forensic-dna-technologies-and-cold-case-resolution-a-review/ https://legaldesire.com/forensic-dna-technologies-and-cold-case-resolution-a-review/#respond Tue, 01 Jun 2021 04:40:28 +0000 https://legaldesire.com/?p=53642 It is known that the new genetic technologies are very useful for the research and identification of biological traces left by the perpetrators at the crime scene and/or on the items. These technologies have various benefits from the forensic point of view: They give wide margins of biostatistical certainty on the uniqueness of the genetic […]

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It is known that the new genetic technologies are very useful for the research and identification of biological traces left by the perpetrators at the crime scene and/or on the items. These technologies have various benefits from the forensic point of view:

  • They give wide margins of biostatistical certainty on the uniqueness of the genetic profile;
  • They are able to successfully examine minimal amounts of biological trace;
  • They are able to give an adequate genetic interpretation in cases of mixed biological traces;
  • They give information on ethnic origin, phenotypic characteristics and age of the subject who released the trace under examination;

These scientific informations are often essential and helps judges and investigators in their search for the truth of what happened. These technologies are widely used in today’s crimes but can also be used successfully in cold cases, i.e. those crimes where the perpetrator has never been found or convicted a person who continues to plead innocent. In both cases, new technologies related to forensic DNA are able to bring new information, very useful for the truth.

It should be noted that the use of new forensic DNA technologies is different from country to country. Unfortunately, given the high costs of these methodologies, it is the richer countries can make more consistent use of them. In America, for example, especially in the last 10 years, new forensic DNA technologies have had a boom in cold case applications. The Innoence Project, an association working exclusively on cold cases, using these new technologies, has reopened about 400 cold cases. In these cold cases, a convicted felon had already been found innocent. Also in America, many Prosecutors have reopened hundreds of cold cases that had remained unsolved, i.e., no one had ever been found guilty.

The new forensic DNA technologies have been the direction for both situations, and have led to the resolution of thousands of cold cases. The general approach is to start from the analysis of the findings seized at the crime scene and/or on the victim’s clothes. Thanks to this approach, and the new forensic DNA analysis, different results have been achieved that necessarily lead to one of the following statements:

Statement A: The DNA of the convicted person was found on the exhibits;

Statement B: The Dna of the convicted person was not found on the exhibits;

Statement C: The DNA of the convicted person was not found on the exhibits and DNA belonging to another person was found;

These statements that are reached through forensic DNA analysis are absolutely important for the decisions of the judges.

In general, with the Statement A “The DNA of the convicted person was found on the exhibits”, the judges have the confirmation that the convicted person released his DNA on the exhibits under investigation, then confirm the conviction.

Statement B “The DNA of the convicted person was not found on the exhibits”, is the most complex for the judges. In fact, it is good to point out that situations can occur in which there is no DNA of the offender on the crime scene or on the exhibits; however, these are extremely rare conditions. In this case, objectively, there is a doubt on the actual presence of the convicted person on the scene of the crime. This condition, for judges, can be difficult to interpret, especially on the certainty of responsibility. In fact, the absence of traces of the convicted person on the exhibits is, in itself, a doubt. In America, often, statement B “the DNA of the convicted person has not been found on the exhibits” has however led the judges to acquit the convicted person, at least for the presence of reasonable doubt1.

Statement C “the DNA of the convicted person has not been found on the exhibits and biological traces belonging to another subject have been found” is extremely important for the judges’ assessments, which generally culminate in the acquittal of the convicted person, and the reopening of investigations to identify and try the unknown person whose DNA was found2.

In Italy, the subject of the use of new forensic DNA technologies in cold cases is still controversial.

The natural principle of forensic DNA analysis with new forensic DNA technologies is often subject of opposition from Prosecutors, who very often have no interest in reopening a case concluded, especially if there is a culprit. Instead, this reluctance is lost when the cold case has never led to the conviction of a guilty person.

This preliminary analysis already shows that the use of new forensic DNA techniques in Italy is done in a discriminatory way, in fact it is not explained why these scientific methodologies are used in cold cases without culprit, while they are opposed when you ask for the use in cold cases with a convicted person.

In any case, several3 sentences of the Italian Supreme Court4 have already established that it is the right of the convicted person to make exploratory analysis of the findings, using new forensic DNA techniques.

In other cases, the territorial courts – not the Supreme Court – have even denied access to the findings and the use of new forensic DNA technologies5.

In other cases, although the judges have granted the execution of new analysis with forensic DNA technologies, the Prosecutor’s Offices objected by asserting measures of destruction of the exhibits.

The statements that can be reached, in America, as in Italy, as well as around the world, are always the same (see above, A, B and C), but it is not explained why different countries use a different approach on the granting of new forensic DNA analysis.

We believe that the findings represent the keystone in the deciphering of a case in a trial based not on mere clues, valid only to create conjecture, but on strong evidence in the construction of the new figure of the Scientific Judge, who bases his decision on scientific and highly technological evidence6. In this regard, we are working on a real Table of Legal Evidence to establish protocols that the judge must follow to avoid that convictions in serious, delicate and doubtful cases may result from subjective visions and not from rigorous procedures such that in front of any decision-maker the same result is reached7. This is a problem not only in Italy but worldwide where the decision in the interpretation of the evidence is often left to a free conviction of the judge that is so vast as to become arbitrary, with the danger of condemning innocent people in the thirst to see a guilty person to justice anyway8.

 

References:

1.https://www.innocenceproject.org/cases/joseph-abbitt/

2. https://www.innocenceproject.org/cases/habib-wahir-abdal/

3.     Judgement of the Italian Supreme Court Nr. 44181/18

4.     Judgement of the Italian Supreme Court Nr. 39754/2017, Sez.1

5.     Judgement of the Territorial Courtroom of Sassary (Italy) regarding the case Nr. 6933/11R.G.N.R. of October 19th, 2017

6.     G. Francione L’errore del giudice – contro il processo indiziario (con interventi di Enzo Albano, Giuseppe Dante, Ferdinando Imposimato e Angelo Macrì), Editrice Ianua, Roma 2002

7.     G. Francione, Temi desnuda (vademecum per creare una giustizia giusta) con interventi di F. Imposimato e P. Franceschetti; in pre e postfazione di Saverio Fortunato e Antonietta Montano. Herald editore, Roma 2015.

8.     Gennaro Francione – Eugenio D’Orio, Criminologia dinamica. la via di Popper al DNA (prefazione di Eraldo Stefani – postfazione di Massimo Pezzuti) Nuova Editrice Universitaria – Roma 2019

 

Author

Eugenio D’Orio1 and Gennaro Francione2

1Director of Bio Forensics Research Center Former Judge

2Counselor of the Italian Supreme Court

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In Conversation with Dr. Eugenio D’Orio, General Director, Bio Forensic Research Center, Italy https://legaldesire.com/in-conversation-with-dr-eugenio-dorio-general-director-bio-forensic-research-center-italy/ https://legaldesire.com/in-conversation-with-dr-eugenio-dorio-general-director-bio-forensic-research-center-italy/#respond Wed, 26 May 2021 09:03:44 +0000 https://legaldesire.com/?p=53533 Eugenio D’Orio has completed his BSc in general biology, from the “Federico II” University of Naples, 2010, and has done his M.Sc. degree in “molecular and diagnostic biology”. He is a Biologist with a strong background in molecular biology, genetics (forensic and human), and clinical research. He was a researcher at the University of Copenhagen, […]

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Eugenio D’Orio has completed his BSc in general biology, from the “Federico II” University of Naples, 2010, and has done his M.Sc. degree in “molecular and diagnostic biology”. He is a Biologist with a strong background in molecular biology, genetics (forensic and human), and clinical research. He was a researcher at the University of Copenhagen, a section of forensic genetics, where he did a research study on the development of biotechnical tools that can improve the power of detection of the biological evidence from the item (Alternative Light Source). From 2016, he is a part of a list of Consultants for the Ministry of Justice (Italy). He also had more than three years of clinical analysis practice in a hospital, two publications on the topic of molecular diagnostic, and he took several courses in many universities. From 2019, he is the President of UniBio for (Italian society of forensic biologists), and from 2020, he is the Principal Scientist of Bio Forensics Research Center, institute that performs research on forensic biology. He has done many courses like (“Completed evidence analysis”, from West Virginia University, 2016), (“Forensic examiner”, in Advanced school in investigation and criminology, from Italy, 2016), (“Forensic science and DNA analysis”, from University of Cambridge (UK), 2015), and (“Gene and the human condition”, from University of Maryland. 2015). He has excellent knowledge of the genetic engineering techniques, as a vector plasmid modification and evaluation of an expression.

He completed various advanced courses, like- Advance course on “Genes and the human condition”, released by Maryland University, USA, June 2015, and many others. He has more than 20 publications. For professional development or to improve his knowledge and skills in biology, as human genetics, forensic genetics, and clinical biology, he usually follows several conferences and meetings. He always loved the DNA investigation field and fascinated by its practice approaches, as forensic genetics, cancer research, pharmacogenomics, molecular medicine, and molecular diagnosis.

1. Over the course of your experience in this field, what are the types of cases you have dealt with?

“I used to work on the investigation of several crime cases, such as homicide and sexual assault. I worked on these cases from different perspectives: from the investigation to the Courtroom examination of the data, etc. In a minor part, I also worked on paternity cases.”

2. What inspired you to join the field of forensic science, and most importantly, what motivation lead you to the position you are at today?

“Since childhood, I have had a goal, or maybe we can call it a mission to work in the field of science. I have always loved science. My friends and I have always been inclined towards science since our childhood. They had always imagined themselves working in laboratories, hospitals, etc. Whereas, on the other hand, I had always wanted to use my love for science to support human rights or the justice system. This has been my ambition ever since. But as an adolescent, I had no proper vision or idea about how to make this happen.

In fact, in Italy, it is a challenge to get into this line of work. It is not always necessary that a person having an academic background in a particular field of study will most certainly get a job in the same field. Before I got a job as a university professor, it was uncertain that I would be able to apply for an academic position.

Anyway, the reason I chose this field is that, as a teenager, I always had this vision of using science to serve the community. So as a scientist, I needed to be clear on how I could use science for community service. Finally, I realized that working as a forensic scientist would be the most appropriate career for me.”

3. You have completed courses related to forensic evidence and DNA analysis from USA and UK. How different is, the experience compared to your home country, Italy.

“Yes, of course! I would love to. There are several courses regarding this area. This summer, I followed an American conference which was about ‘Trace Evidence Technology’. I found the conference to be quite interesting as it was entirely dedicated to this field of study. Some of the technologies that were discussed during the conference were relatively new, while they also discussed some standard technologies that are already in use. The discussion primarily focused on how to change the approach towards the application of these technologies in a manner such that it can be useful in the area of trace evidence detection and analysis. It was quite interesting to know about the novel ways of applying new and existing technologies for these purposes. For example, we are aware that the use of light sources is quite beneficial for various purposes in science. In fact, it has been in use for several years now. In recent times, some of my colleagues from the forensic fraternity, have started using light sources for forensic paint recognition and identification purposes as well. I found this to be quite interesting.

When we talk about improving the detection tools used in forensic science, I feel there are two main points that we need to address.  Firstly, the development of new scientific technologies for forensic purposes., and secondly, we need to come up with new and innovative ways of applying existing technologies to various areas of forensic science. For example, when we look at DNA Technology, it was initially introduced to be applied in the field of life sciences. The procedures involved in the analysis of DNA include DNA extraction, quantification, PCR, and a few other stages of analysis. These procedures were followed by our colleagues belonging to the field of medicine, biology, and biotechnology. With the growing awareness about the use of DNA technology, scientists gradually started learning that it has a wide scope of applicability and that it could be useful in the field of forensic science as well. Thus, DNA Fingerprinting Technology was introduced, which has proven to be one of the most useful technologies in forensic science. This example explains my second point.

Now coming back to my first point, while developing and introducing new tools & technologies for research and analysis purposes, we need to ensure that they are thoroughly tested and evaluated for their accuracy and efficiency. If these technologies are being introduced in the laboratories, it must be ensured that the laboratory has the necessary infrastructure to accommodate such tools & technologies. In addition to this, scientists and other laboratory personnel must be given sufficient training on how to handle and maintain these instruments. All these factors must be considered while setting up new tools & technologies in the laboratories. Otherwise, we can always try to find new applications of the existing technologies and use them for various forensic purposes.” 

4. With an expertise in detection of biological evidences, can you share with us your work with improving the detection tools?

First of all, I have to explain that in the field of detection of biological evidence, we still miss internationally recognized protocols. Right now we have many guidelines. Unfortunately, guidelines can generate different approaches and different results in terms of the amount of the biological evidence detected by the forensic operators. In order to get protocols as soon as possible, at Bio Forensics Research Center, we are working in order to perform a big standardization of the methodologies and the technologies actually available. After we complete this step, we will be able to evaluate the relative efficiency for each instrumentation/methodology. This will lead to important goals in terms of improvement of the evidence detection.”

5. What are the most commonly faced challenges in the field of forensic biology and forensic genetics?

“One of the main challenges that we face in the field of forensic biology and forensic genetics, is when it comes down to effective communication of the scientific data to our colleagues who do not have much understanding of the scientific aspects of biological evidence. It may include personnel from the police department or legal professions. We need to be especially careful while communicating about our scientific data or findings with the judges and lawyers in the court of law.

In general, DNA and other biological evidence can provide clues and answers to solve court cases, and also help in convicting or defending people accused of being involved in a criminal case. We have to be very careful while dealing with DNA evidence found at a crime scene. Just because the DNA of a particular person has been identified to be present at the scene of the crime, it does not necessarily mean that the person is guilty of committing the crime.

When it comes to communicating scientific information regarding forensic biology, I can give you a comparison of this situation in different countries. In the United States, our colleagues take measures to ensure that the scientific information is properly communicated in the courtroom by presenting it in a simplified language, which can be easily understood by the legal professionals present there. They make sure that they answer the questions of the prosecutor or the defence lawyer with clarity. They ensure to specify the scientific details regarding the DNA evidence such whether it belongs to the particular person in question; the procedure used for DNA identification; the accuracy of the methods used for the analysis of the DNA, etc.  However, they cannot answer questions regarding how the DNA evidence may have been released or found on the items present at the crime scene, and also regarding whether the person is guilty for committing the crime, merely based on the DNA evidence. They use a conservative approach in order to avoid the risk of the genetic data being over-evaluated by the Judge while concluding the case.

However, In Italy, this is not the case. I work as a forensic consultant here and have also been included among the list of experts at the Italian Authority of Justice. I have witnessed and have also been a part of several investigations and courtroom discussions where everything was based on the DNA evidence. While dealing with criminal cases, few of my colleagues give their opinion based on the results obtained through the DNA analysis of the evidence. In cases where there is a positive match between the DNA evidence of the accused and the evidence found at the crime scene, my colleagues who work on behalf of the prosecution, state that the evidence proves the accused to be guilty. Merely based on this fact, the prosecution appeals to the court for the conviction of the accused, stating that he or she is guilty of committing the crime. However, this is not how it should work.

In such cases, I opine to the Judge while stating that they cannot establish with certainty that the person under investigation is guilty merely because his DNA evidence was found at the crime scene. It could also be possible that the DNA evidence was transferred to the items at the crime scene way before the crime had even occurred. In that case, it would make such evidence irrelevant to the investigation. Unless there is solid proof to support the claim that the DNA evidence from the accused could have been transferred to the items on the crime scene as a result of the commission of the crime, we cannot say with certainty that the person is guilty of the said crime. We can only state whether the DNA evidence belongs to the accused or not. We are not at liberty to opine that the presence of DNA evidence is sufficient to prove the guilt of the person.

It must be understood that while dealing with such cases, the Judges consider the opinion of Experts, to draw a conclusion and provide the correct judgment on a case. This is why communication of the Forensic Expert must be done with great care and attention. If the Forensic Expert unknowingly provides misleading information regarding the DNA evidence related to a case, it could potentially hinder the delivery of the right judgment on the case. This is currently the main challenge that we face as forensic geneticists, and need to work on improving in this aspect.”

6. Being a consultant for the Ministry of Justice in Italy, what does your job entail?

“In Italy, I am on the list of expert consultants for forensic biology. This means that a judge or the prosecutor can contact me for my expertise in the field and may require my service to check or evaluate the DNA evidence. This may be required for both criminal and civil cases, such as paternity disputes, etc. Since I am included on the list of experts, whenever I am summoned to the court of law by a judge who is seeking my expert opinion regarding any case, I cannot refuse to be at his service. However, I have the liberty to choose whether or not to work on a case put forward by a Lawyer. Of course, we do have standard criteria for our work, and we are given a salary based on the work we do. Apart from this, we are also granted a certain amount of money that would be required to carry out our work.

I am not a Police Officer, this means I often work for the Judge and not the Prosecutor. This is because, In Italy, it so happens that the Prosecutors are often considered superior to the Police, and may use the police for the investigation. While they do so, they generally do not contact a forensic consultant who does not belong to the Police. Some of my colleagues, who belong to the Police Department, sometimes work as consultants for the Prosecutors. In contrast to this, the Judges prefer calling forensic consultants like us, from an external source, who would have a neutral approach towards the case as we are not Police officers. The Judges prefer consulting forensic personnel from Universities, who have extensive experience in teaching and research.”

7. In your career as a professor what are your key principles in training and educating the next generation of Scientists?

“I feel that there are different approaches to teaching and educating students. However, the first thing I teach my students is to be an honest forensic scientist. As a forensic scientist, It should not matter whether we are working on behalf of the Prosecution or the Defense. While dealing with criminal cases, we must not approach the case with the objective of convicting a person.  Instead, our aim must be to find the truth, and state the facts as it is. We must have an unprejudiced approach to the case. We must focus on conducting our analysis & evaluation in an honest and ethical manner and must state the facts in the Report. It should not concern us whether the scientific findings favour the Prosecution or the Defense, we just need to do our duty honestly.

Secondly, I also teach my students the importance of communicating scientific findings in a clear and simplified manner, which can be comprehended by a layman.

Thirdly, I try to help my students get a holistic understanding of the subject, and guide them regarding the career options that lie ahead for them in the field of Forensic Biology and Forensic Genetics. I tell them that before they pick their desired career path in these fields, they must know about the various options that they can explore.

They have the option to pursue a career as a technician in a laboratory setting. They can pursue a career in Research and Academia, or even become a Forensic Consultant. While picking their career path, they must have an idea of what they are signing up for. They must have an understanding of the nature of the job, and what to expect from it. Once they have a clear vision about this, they can pick a suitable career option as per their interest. It is my duty as their teacher, to give them a clear understanding of what career options lie ahead for them.

For example, on completion of their education, the students of Forensic Biology or Forensic Genetics can apply for jobs as a forensic geneticist, DNA Analyst, Lab Technician, etc., which is predominantly in a Laboratory setting. Their job would entirely deal with the analysis of the Biological or DNA Evidence, and submitting the reports regarding the same. However, these jobs don’t give much of an on-field experience related to forensics. After gaining enough years of experience in this field, they can apply for being a Forensic Consultant, as I did.

Presently, we are working with some of my colleagues who have retired from the Italian Police service, to develop a new course dealing with the competence and knowledge of Forensic Biologists on the crime scene. We would also like to obtain a certification with the ISO standards for the forensic biologists – a personal certification, I mean. This can be the ISO 17024. With the help of this, we will be able to ensure the highest quality of work performed by Forensic Professionals. This certification will be internationally valid as it will be based on international standards, and a neutral evaluation of the knowledge and the competence of each forensic biologist expert will be carried out.

I feel this is necessary as it is not possible to standardize a crime scene in the same manner as we standardize the laboratory. The conditions at a crime scene are entirely different, and it solely depends on the skills of the forensic expert to effectively deal with various evidence present there. Thus, such a certification course would be helpful to equip the forensic scientists with a standardized approach and specialized skills to deal with various scenarios and crime scenes, which would enable them to be competent to deal with such cases more efficiently. We are currently working on such certifications, and are hoping to introduce it by 2021.”

8. With time, crimes have evolved in many ways, how has the investigation procedures evolved with that?

“As I mentioned before, the investigation procedures can vary among different countries and sometimes even between different states of the same country. I have previously worked in Denmark as a Researcher, during which my Research Unit was also called the Crime Unit since all the items collected by the Police used to arrive at our Unit. However, it is a different scenario in Italy. Here, the Police officers are given specialized training regarding this. The same does not happen in Denmark. Since I have witnessed both of these situations, I can state that the investigation procedures vary from place to place. But it is important to understand that using different procedures when dealing with crime scenes having biological evidence is not recommendable, as it may hinder the investigation. Thus, standardized procedures must be implemented for the same. Nonetheless, the main problem is the different documentations that the bureaucrats in different countries provide regarding the investigation process. In Denmark and the United Kingdom, the operators provide a lot of documentation in terms of Legal Acts based on which they report the investigation. They describe the condition of the crime scenes, the condition of evidence collected from the crime scenes, with the specification of all the biological evidence that they were able to identify. They also provide a lot of photo and video documentation of the crime scene. Moreover, they really take care of the chain of custody until the evidence arrives at the laboratories. These documentations proves valuable for the forensic scientists, based on which they would be able to understand and evaluate whether the evidence is in proper condition at the time of arrival, or whether it was tampered with before arriving at the laboratory. The chain of custody also helps the forensic scientist to convey the same to the Judge in a court of law with valid proof.”

“In Italy, we are supposed to follow the international standards regarding the crime scene procedures, the documentation of evidence, the collection of evidence, and maintenance of chain of custody. However, based on what I have witnessed in Italy, we are quite far away from actually following the International Standards. In many of the cases where I was called upon as a Forensic Consultant, I have seen that several crucial pieces of information or documentation were found to be missing from the report submitted to the court. In some cases, the procedures followed for investigations were unsatisfactory, and improper methods were followed for analysis of evidence. This is the reason why we are unable to conduct a correct and strategic investigation. This shows that we need to improve quite a lot in this area to meet the International Standards of investigation procedures.”

9. With new advancements in technologies every now and then, how advanced are the labs that you work in?

I direct Bio Forensics Research center, i.e., specialized on the development of a technology for biological stain identification and collection. After the collection and identification, I send my samples to the genetics lab, my lab is a focused traced lab. I think new technology can give us a very great benefit. As I started to work on alternative light sources they are not new tools but we make a new approach and are able to make protocols that just happened 2years ago. I am also working with new technology- Hyperspectral camera, hyperspectral vision; these kinds of technology we use for comparative tests. We make a job for standardization and preparation of trace evidence. Because this new technology hyperspectral can give us a big range to check the information regarding the small quantity of biological traces. Actually I am quite surprised how strong these technologies are. Soon I’ll be publishing some data on this point. I can tell you this new technology from the engineering field applies very well to our necessity as a trace lab. So that’s incredible and yeah we have a lot to do. And I’m quite happy.”

10. How important do you think it is for a forensic officer to visit a crime scene for investigation?

As I have said before, next year we want to promote the international certification course for forensic science professionals in charge for the buildup of the collection and examination of the forensic traces at the Crime Scenes (ISO 17024). As a Forensic biologist or forensic scientist you are incomplete if you don’t belong to the strong background of forensic science. Forensic scientists are the best in the lab if you know all the technology, methodology and generation of the possibility of the significance of forensic science. If you look at the importance of technology and analysis is not properly done then it will be of no use. You need to categorize yourself differently from other professionals to be able work anywhere. I strongly believe and agree on this.”

11. In your experience, on an average considering all aspects of investigations, how long will a normal case take?

“Well, this depends on the case itself. If we are talking about a case of homicide, the investigation generally takes up to one year. If we find very strong evidence that indicates the involvement of a person in the homicide, and the person admits to the same, then the case could be concluded within six months. But normally, in Italy, it takes at least one year to carry out the entire investigation into a case of homicide, however, the duration may extend in cases of insufficient evidence to prosecute the criminal. When the prosecutor accuses someone of being guilty, the person is at the risk of being incarcerated.  Whether the accused is guilty or not, the burden of proof lies on the defence to prove his innocence in such cases. This entire legal proceeding takes a very long time to conclude, and thus most of the criminal cases in Italy extend to one or more years.”

“On the other hand, while dealing with civil cases such as cases of disputed parentage, court proceedings take much longer to conclude, extending up to three or more years, as they are not considered as “Priority” cases.”

12. What was the case you found most challenging to solve?

Very difficult question! Each case is a big challenge! In order to reply to this question, I can tell you about one of the cases that I strongly worked on, because I think it must be corrected using the newest forensic DNA knowledges. In Italy in the year 2002, a man – Gianfranco Cherubini – had been convicted to lifelong in prison because the Jury declared him guilty for the homicide of his wife which happened in the garage of their apartment. Cherubini had been convicted in the total absence of a direct witness and in the total absence of scientific proofs against him. After 18 years, I got the assignment for new investigations and I discovered 3 different blood evidence – collected at the time by the police but never used in the previous Courtroom. These evidence were strongly relevant for the case investigations: they all were from blood and they were in three different position on the “way out” of the killer. Well, before me (in 2020) none of the investigators made a comparison between the DNA from these three evidences (same DNA profile, a male) and the DNA profile of Mr. Cherubini. I did this comparison after 18 years and the results were quite impressive. There is absolutely no match! This means that there has been a different person that was present at that time on the crime scene and – probably – committed this homicide. I think these three DNA evidence are the “proof of the innocence” of Mr Cherubini. Using these new data, we asked to the Italian Supreme Court to re-open the case. We are still waiting for the answer from them.”

13. According to you what are the challenges that a Forensic Profession face in Court of Law and how important is for Forensic Professional to well verse with Law and Judicial officer to have a knowledge about Forensic evidence?

“In our conversation for far, I briefly spoke to you about the importance of proper communication of scientific data to the criminal justice professionals. To do this, we require strong cooperation with lawyers, judges, and police officers as well. This is because they are the ones responsible to find the guilty persons. However, as a forensic scientist, we are qualified to find evidence and scientific information related to a given case and establish the relevant facts which would support the Judge in making an informed decision. We must avoid the scientific information that we provide related to a particular case, and this requires interdisciplinary work and continuous connection between forensic scientists, lawyers, and judges.”

“In fact, in Italy, I am the President of the Forensic Biologist Association, where we have a panel of members including Forensic Biologists, Lawyers, and Judges. All the members put forward their opinions, recommendations, and concerns regarding various aspects of the field, discuss and come to a common agreement on a particular issue. It is very important to have such a mutual understanding and good communication with all the members of the panel to be able to function efficiently. The main objective of this Association is to unite the criminal justice professionals and forensic personnel, where they may share the knowledge about their respective fields and provide their expertise. I have been a part of this Association for the last two years, here in Italy, and we have started to see the changes take place gradually, the legal professionals have started understanding the importance of Forensic Professionals in the criminal justice system. Earlier, when DNA evidence used to be presented in court, Judges used to take decisions immediately after obtaining the evidence from the Police, without the consultation or opinion of an Expert. However, things have started to improve now, as most lawyers and judges actively seek the expertise of Forensic Scientists and ask for a scientific explanation regarding the evidence in question.”

“By including more number of Forensic Experts in this manner, it will ensure that we (Forensic Scientists) will be able to actively contribute to the criminal justice system, which is the objective of our Association. The unification of the forensic scientists and criminal justice professionals in such a manner must be promoted not only in Italy but also at an international level which would certainly bring a positive change in the delivery of criminal justice.”

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Defending Cyber Crimes during Covid-19 https://legaldesire.com/defending-cyber-crimes-during-covid-19/ https://legaldesire.com/defending-cyber-crimes-during-covid-19/#respond Sat, 21 Nov 2020 07:22:29 +0000 https://legaldesire.com/?p=47320 Introduction Cybercrime can be described as a type of crime committed by criminals with the use of computers as a tool. The crime can be anything ranging from downloading movies illegally (Piracy), sending spam emails, or trying to gain access over other’s devices connected to the internet (hacking). Since the internet has no geographical limitations, […]

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Introduction

Cybercrime can be described as a type of crime committed by criminals with the use of computers as a tool. The crime can be anything ranging from downloading movies illegally (Piracy), sending spam emails, or trying to gain access over other’s devices connected to the internet (hacking). Since the internet has no geographical limitations, and boundaries it makes it hard to catch the criminals who committed cybercrimes. Cybercrime has the potentials to impact business, and as well as personal. According to cybersecurity ventures’ annual cybercrime report [1], it is estimated that cybercrime damages 6 Trillion USD by 2021. This estimation can show how serious is cybercrime in a business context. Also, a case study [2] conducted by Ponemon Institute LLC and jointly developed by Accenture points out that the average cost of cybercrime in an organization costs 13 Million USD in 2019, which is 1.4 Million USD higher than previous years.

During Covid-19

Covid-19, a Pandemic that turned the world upside down. So far, the world has seen several pandemics before, but Covid-19 is different. Because it bought a threat not only to the physical world but also to the Virtual world (CyberSpace). Day by day the number of cyber attacks increasing dramatically. On 4th August 2020, Interpol released the report [3] which shows the magnificent rate of cyberattacks during this pandemic period. Also, at the moment the attacks are rapidly moving towards small businesses and corporations, governments, and critical infrastructure than to individual targets. When focusing particularly on Southeast Asia, the major threats are Covid-19 related scams, especially Phishing campaigns that mainly themed on Government Covid-19 relief funds. Also, as per IBM’s report [4], between March, and May 2020 there is more 6000 percentage of increases in COVID-19 themed attacks which mainly focuses on Malware sales in the Dark Web. Microsoft security endpoint report [5] reveals that most of the compromises that happened in this pandemic are the results of the attacks that existed earlier. The interesting point to notice here is several malware groups are using the persistence method. During the Covid-19 attacks, the most targeted fields are the critical infrastructure, these include Government organizations, health care, and educational sectors. When getting deep inside the technical part, most of the phishing attacks consists of the URL of advanced malware, so if a single user clicks the URL it can lead to the compromisation of the entire network. With this methodology, the attacker can easily gain access to the network and plant the backdoors which provide persistent access.

When particularly focus on India, the state Kerala records a high quantity of cybercrimes during the lockdown period [6]. The motivation behind these attacks is to compromise the device and acquire banking details. One more interesting cybercrime happened is infected mobile applications such as CoronaSafetyMask [7] that scam the people by announcing they will provide the mask, then collected the money, then installed the trojans like Ginp, Anubis, and Cerberus on the devices.

In India, the most specific cyber attack is using Phishing. State Bank of India (SBI) warned its users to stay alert on the phishing attempts. According to SBIs Twitter post [8], they warned the users not to open the emails from ncov2019@gov.in with a subject line Free COVID-19 Testing.

State-sponsored attacks

In general, state-sponsored cyber-attacks are a type of cyber-attacks that involves the support of a particular country. In the Covid-19 situation, the two countries faced this state-sponsored cyber-attacks. First Australia, and second India. In mid-June 2020, the Australian Prime Minister revealed that [9], Australia is being targeted by state-sponsored cyberattacks, where the attack techniques are very sophisticated. The prime minister did not mention any specific country name that was involved in it. The main target domains are banking, power plants, private organizations, and multiple public services, and agencies. At the end of June 2020, Maharashtra police officials revealed that [10], China-based hackers tried over 40,000 cyber-attacks on India within 5 days. The most targeted domains are banking and information technology. The email address mentioned in the SBI’s twitter post was found in this hacking attempt. After founding it, the Government warned people about this.

Prevention

As a part of preventions, the Government is doing what they can. In June 2020, the Indian government warns against Covid-19 themes phishing attacks. Also, in July 2020, India, and Israel signed a cybersecurity agreement in-order to protect against COVID-19 cybercrimes [11]. This action is appreciable. With this agreement both the countries will share the information, and best practices through their CERTs (Computer Emergency Response Teams), this approach will strengthen the cyberspace of both the countries.

When we look into the cybersecurity chain, the human is the most vulnerable target, no matter how secure the system is, a single human error can lead to dangerous situations. The best example is Twitter Bitcoin Incident, which happened in July [12]. In this, the hackers gained access to Twitter’s system by using the phishing method on its employee. So, the best method to prevent ourselves from cyber-attacks is to follow cyber hygiene. The following are some of the methods to try,

·    Don’t use the same password for all the accounts. Use a minimum of 8-character passwords.

·       Do Download software/apps from official sources such as Playstore, etc…

·      Update your devices/software often.

·      Don’t open email/SMS links and/or attachments received from unknown people/sources.

·     Always keep two backups, one is in an external storage device, another one is in the cloud.

·      Don’t share sensitive information such as passwords, bank details to anyone else.

·      Don’t connect to open WIFI, and if connected try to use the device with a VPN.

·      Use multi-factor authentication.

Conclusion

In this digital era, the internet became essentials in all areas ranging from transportation to satellite connectivity. As the internet grows the threat also grows tremendously, and as more and more devices getting connected to the internet, the more and more it’s getting complicated to catch the criminals. While the prevention controls are getting smarter, the hacker also coming up with new technologies to counter it. So, cybersecurity is everyone’s responsibility.

References

1.     https://cybersecurityventures.com/hackerpocalypse-cybercrime-report-2016/

2.     https://www.accenture.com/_acnmedia/pdf-96/accenture-2019-cost-of-cybercrime-study-final.pdf

3.     https://www.interpol.int/en/content/download/15526/file/COVID-19%20Cybercrime%20Analysis%20Report-%20August%202020.pdf

4.     https://www.ibm.com/downloads/cas/Y5QGA7VZ

5.     https://news.microsoft.com/en-in/microsoft-security-endpoint-threat-report-2019-india/

6.     https://economictimes.indiatimes.com/tech/internet/kerala-records-highest-number-of-cybercrimes-during-lockdown/articleshow/75865802.cms

7.     https://www.zscaler.com/blogs/research/new-android-app-offers-coronavirus-safety-mask-delivers-sms-trojan

8.     https://twitter.com/TheOfficialSBI/status/1274692359469428737

9.     https://www.theguardian.com/australia-news/2020/jun/19/australia-cyber-attack-attacks-hack-state-based-actor-says-australian-prime-minister-scott-morrison

10.  https://www.ndtv.com/india-news/rise-in-cyber-attacks-from-china-over-40-000-cases-in-5-days-official-2251111

11.  https://portswigger.net/daily-swig/israel-and-india-sign-cybersecurity-agreement-to-protect-against-covid-19-cyber-attacks

12.  https://www.theverge.com/2020/7/30/21348974/twitter-spear-phishing-attack-bitcoin-scam

 

AUTHOR

VISHAL SAMSON DAVID SELVAM,

EDITH COWAN UNIVERSITY, AUSTRALIA – PSB ACADEMY, SINGAPORE

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