The Forensic Expertise and The New Criminal Research Techniques Based On The New Technologies

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REPÚBLICA BOLIVARIANA DE VENEZUELA

MINISTERIO DEL PODER POPULAR PARA LA EDUCACIÓN SUPERIOR


UNIVERSIDAD CATÓLICA “SANTA ROSA”
DOCTORADO EN CIENCIAS PENALES Y CRIMINALÍSTICA

THE FORENSIC EXPERTISE AND THE NEW CRIMINAL RESEARCH TECHNIQUES


BASED ON THE NEW TECHNOLOGIES
Thesis presented as a requirement to apply for the Doctorate in Criminal Sciences and
Criminalistics.

Richard Alexander Morton Estaba


Tutor: Dr. Rafael Felipe Suarez Ñañez
Caracas, Agosto, 2019.
COPYRIGHT

The undersigned, in the condition of the original author of the work entitled “The Forensic
Expertise and the New Criminal Research Techniques based on the new technologies”, declares
that: I give free of charge, and in pure and simple, unlimited and irrevocable form for all
territories of the world to the Andrés Bello Catholic University, the author's right of patrimonial
content that corresponds to me on the work indicated. In accordance with the foregoing, this
transfer of assets will include the right for the University to publicly communicate the work,
disseminate it, publish it, and reproduce it on analogue or digital media at the time it deems
appropriate, as well as to safeguard my interests and moral rights that correspond to me as the
author of the aforementioned work. The University at all times must indicate that the authorship
or creation of the work corresponds to my person, except for the credits that must be made to the
tutor or to any third party that has collaborated, cited or made any intellectual contribution in the
realization of this work.

Author: Richard Alexander Morton Estaba, C.I. V-12,962,294.

Caracas, on the __________ (___) days of the month of ___________ of the year 2019.

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APPROVAL OF THE TUTOR

The undersigned, Dr. Rafael Felipe Suárez Ñañez, holder of identity card No. 10.095.099, Vice
Rectorate of Research Professor Doctorate, Tutor of the Degree Work “The Forensic Expertise
And The New Criminal Research Techniques Based On The New Technologies”, prepared by
Richard Alexander Morton Estaba, to apply for the title of Doctor of Criminal Sciences and
Criminalistics, considers that it has the requirements demanded by the Vice-Rectorate of
Postgraduate and Postgraduate Research of the Catholic University Santa Rosa, and has sufficient
merits to be submitted to the presentation and evaluation by the examining jury;

In the city of Caracas, on the _____________ (___) days of the month of ____________ of 2019.

Name:

Dr. Rafael Felipe Suárez Ñañez

______________________

Tutor

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ACKNOWLEDGMENTS

To my mother for never losing faith, my old woman for never stop believing in me ... to
bad times for teaching me to fight one more day, to despair for teaching me hope, to defeats for
teaching me to get up, in the long run and dark nights to give me sunrises ...

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DEDICATION

This work is dedicated to my father, time separated us earlier than expected and
surprisingly, however I do not complain because our times were unique ... taught me that death
only comes when we are forgotten ... but when you live in the heart of people never die ...
wherever you are, thank you very much.

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REPÚBLICA BOLIVARIANA DE VENEZUELA
MINISTERIO DEL PODER POPULAR PARA LA EDUCACIÓN SUPERIOR
UNIVERSIDAD CATÓLICA “SANTA ROSA”
DOCTORADO EN CIENCIAS PENALES Y CRIMINALÍSTICA

THE FORENSIC EXPERTISE AND THE NEW CRIMINAL RESEARCH TECHNIQUES


BASED ON THE NEW TECHNOLOGIES

Autor: Richard Alexander Morton Estaba


Tutor: Dr. Rafael Felipe Suárez Ñañez

Abstract

The use of current technological advances in criminal investigation tasks by forensic


investigation corps is essential for the prosecution and resolution of crimes, especially in those in
which new technologies play a very important role, and for therefore, said employment represents
the present and the future of police activity. All criminal investigation benefits from the use of
new technologies, even in the most traditional crimes high technology can be used for resolution.
A forensic expert in which the existing technological advances are used, will provide a more
effective test to the judge at the time of issuing his ruling, giving the administration of justice a
new level. The present study analyzes the deficits in the current infrastructures of the forensic
laboratories and the legal challenges of the use of new technologies in the legitimate work of
criminal investigation, while presenting solid arguments to urge an urgent and necessary updating
of these laboratories, in order to adapt to the needs of the technological and digital era, allowing
the use of modern research techniques that the latest technology offers.

Describers: high technology, forensic expertise, effectiveness, new criminal investigation


techniques, forensic laboratory.

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REPÚBLICA BOLIVARIANA DE VENEZUELA
MINISTERIO DEL PODER POPULAR PARA LA EDUCACIÓN SUPERIOR
UNIVERSIDAD CATÓLICA “SANTA ROSA”
DOCTORADO EN CIENCIAS PENALES Y CRIMINALÍSTICA

LA EXPERTICIA FORENSE Y LAS NUEVAS TÉCNICAS DE INVESTIGACIÓN


CRIMINAL BASADAS EN LAS NUEVAS TECNOLOGÍAS.

Autor: Richard Alexander Morton Estaba


Tutor: Dr. Rafael Felipe Suárez Ñañez

Resumen

La utilización de los actuales avances tecnológicos en las tareas de investigación criminal por
parte de las cuerpos de investigación forense resulta esencial para la persecución y resolución de
los delitos, sobre todo en aquellos en los que las nuevas tecnologías juegan un papel muy
importante, y por lo tanto, dicho empleo representa el presente y el futuro de la actividad policial.
Toda investigación criminal se beneficia con el uso de nuevas tecnologías, incluso en los delitos
más tradicionales puede hacerse uso de alta tecnología para su resolución. Una experticia forense
en la cual se haga uso de los avances tecnológicos existentes, brindará una prueba más eficaz al
juez a la hora de emitir su fallo, dando a la administración de justicia un nuevo nivel. En el
presente estudio se analizan los déficits en las infraestructuras actuales de los laboratorios
forenses y se advierten los desafíos jurídicos que representa el empleo de las nuevas tecnologías
en las legítimas labores de investigación penal, a la vez que se exponen sólidos argumentos para
instar una urgente y necesaria actualización de los dichos laboratorios, con el fin de adecuarse a
las necesidades de la era tecnológica y digital, permitiendo el uso de las técnicas modernas de
investigación que la tecnología de ultima generación ofrece.

Palabras clave: alta tecnología, experticia forense, eficacia, nuevas tecnicas de investigacion
criminal, laboratorio forense.

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INDEX

Copyright ii
Approval of the Tutor iii
Acknowledgments iv
Dedication v
Abstract vi
Resumen vii

Introduction 1
Chapter I. Problem Statement 5
Reach of the Investigation 8
Chapter II. Ivestigation Method 9
Investigation Level. Design of the Investigation 9
Population and Sample. Technique and Data. Collection instrument 10
Instruments. Data Analysis Method 11
Chapter III. Theoretical Framework 12
Chapter IV. Forensic Expertise 14
The current situation in Forensic Science 17
Factors responsable for the growth of Forensic Science 17
Chapter V. The Scientific Method of Criminalistics 19
Chapter VI. The most new technologies used in Forensic Science 21
Phenom SEM 21
Alternative Light Photography 22
Digital Surveillance for Gaming Equipment 22
Facial Reconstruction 23
DNA Sequencing 24
Automated Fingerprint Identification 24
Link Analysis Software 25
Drug Testing 25
Laser Ablation Inductively Coupled Plasma Mass Spectrometry 26
Fire Investigations 27

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Forensic Carbon-14 Dating 28
Chapter VII. Technical Novelties of Criminal Investigaction linked to the new
technologies 30
Case of Computer Crime 30
Infiltration and Undercover Agent on the internet 31
Remote Monitors. Keylogger Keyboards 32
Technovigilance, Beacons and GPS 32
Virtual Reconstruction Techniques 33
Advantages of Using 3D Animation 33
UAV Drone Unmanned Aerial Vehicle 34
Spherical 360 Photography and Scene Degradation 35
Chapter VIII. Forensic Expertise in Venezuela 37
Field Criminalistics 39
Laboratory Criminalistics 39
Types of Forensic Expertise 40
Civil Expertise 40
Labor Expertise 40
Criminal Expertise 40
Forensic Medicine 41
Forensic Tanatology 42
Forensic Psychiatry 42
Criminalistics 43
Deontology 44
Asphyxiology 44
Forensic Toxicology 45
Forensic Obstetrics and Forensic Gynecology 46
Forensic Traumatology 46
Chapter IX. Reviewing the work of some forensic laboratorios in the world 48
Chapter X. Field Test and Survey 52
Type adn Level of Research 52
Population and Sample test 52

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Data Collection Instrument 52
Questionnaire Data Analysis Technique 53
Chapter XI. Analysis of the Results 54
Table 1 54
Table 2 55
Table 3 56
Table 4 56
Table 5 57
Table 6 58
Table 7 59
Chapter XII. Theorization. Technology is the necessary tool for the criminal
investigations that brings efficiency, speed and certainty to forensic expertise 61
Glossary of Terms 65
Bibliographic References 66
Attachments 67

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INTRODUCTION

Any criminal investigation aims to obtain as much information as possible about the facts
under inspection, what happened, who intervened, when and where it occurred, etc. It is here that
the forensic investigation enters to assume a very important role within the criminal process, that
is, the realization of the forensic expertise and the management and conservation of the evidence
found, in order to analyze and process them so that the sentencing parties can understand more
accurately the details of the criminal act under investigation.

On this premise, we can infer that experts in a forensic investigation should have all the
techniques and tools that technological advances have been giving humanity to perform complex
tasks in a more effective, faster and with the greatest attachment to the reality of the possible
facts, with the ultimate goal of clarifying the facts presented in the crime scene.

However, the use of technology in the legitimate tasks of investigation by the scientific
police and criminal investigation of the State is not at all something new, but the result of a
continuous evolution parallel to the development of humanity. Just as the industrial revolution
and technological development have allowed the human being to live longer, or travel faster and
further, they have also allowed police authorities to solve crimes more quickly, efficiently and
safely.

On this aspect, it is convenient to point out that during the forensic science process, there is
an amount of forensic equipment that is used to process samples and evidence collected at the
crime scene. The measurements to which the evidence is submitted, include fingerprint analysis
or DNA identification, drug or chemical analysis and treatment of body fluids. Importantly, it is
the fusion of science and technology that allows forensic scientists to do much of their work. It is
inferred then, that sciences such as biology, chemistry and mathematics are combined with
various technologies to process the evidence that is taken by experts in the expertise performed
on a special crime scene.

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As is known, several types of physical evidence can be found in almost any crime scene.
The types of evidence and where they are found can help forensic investigators develop an idea
of how the crime was committed. Thus, tool marks, shoe prints and blood stains may indicate the
area where the event occurred. These are some examples in which thanks to new technologies
and scientific advances, experts can now carry out their work with greater efficiency, speed and
certainty, than just about twenty years ago.

On the other hand, it is necessary to point out that technology has been immersed in all
fields of man's life, every day a person performs at least one activity using an electronic device
using the internet of course. With the global expansion of the network in the new millennium,
traditional crime forms adopted new modalities through the use of new technologies. Following
the emergence of online auction companies, economic crimes such as fraud, fraud and
counterfeiting expanded their borders through the use of this new way of exchange. For this
reason, in the present study we will touch on this relevant aspect and criminal matter, and that as
we will see technology can be found present even in the most traditional crimes.

It should be noted that we will study and paraphrase some doctrinal opinions of authors on
the subject, such as Montiel (2009) and Velasco Nuñez (2011) that contribute to this study to
reach the proposed objectives, and reviewing the most accurate opinions to illustrate a bit the
subject under this investigation.

In Chapter I of this study, we will look at the problem statement being investigated,
referring to the new technologies and technological advances used in forensic laboratories and
how they can greatly improve the results of the expertise and the criminal process.
Chapter II will explain the method used to carry out this research, the level and scope of it,
explaining the doctrinal references that were used to collect the information and develop it for
understanding and analysis.

Chapter III will develop the theoretical framework on which this work is based, making use
of the doctrinal opinions of some authors. Thus in Chapter IV the Forensic Expertise will be
studied in its various meanings, as well as evidence in the criminal process, and the current

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situation of forensic science in general. Likewise, the factors responsible for the rise of forensic
science will be briefly analyzed. And, in Chapter V the scientific method of criminalistics will be
briefly studied, in order to begin to delve a little into the essential subject of this study.

Chapters VI and VII will describe the most important new technologies currently used in
some forensic laboratories in other countries, such as facial reconstruction, DNA sequence,
among others. It should be noted that some of these technologies already have time in the market,
but their use in forensic science is what adds their novelty characteristic.

Chapter VIII will analyze the current situation of the country in terms of forensic expertise.
We will see some of the fields in which the forensic laboratories of the country are working, and
the different disciplines that experts use to carry out their work. For its part, in chapter IX, some
of the disciplines used in forensic laboratories in other regions will be briefly reviewed, according
to the work done by author Haarkotter (2018) in his degree work for the University of Granada,
Spain.

Finally, in chapters X and XI, the field work carried out in this study will be presented, to
get a little insight into the opinion of some legal professionals about the problem, and thus
analyze the results to reach conclusions on the subject.

If we reflect a little, we must say that the novelties or the technology, in many Latin
American countries it hardly reaches the borders when it has long been ruled out of date in the
great cities of the first world. However, in criminal and police matters the same thing happens,
since we can see how within a police or judicial scientific institution, the experts represent a very
small group, which often must do magic to carry out their research tasks, little recognized, many
times beaten, sometimes underestimated, that in most cases their work depends on the resources
that governments contribute to this branch of justice.

What has been narrated above about the situation of the experts, is what we question,
because it is precisely what happens in our country, and in many other Latin American countries,
but what we question more is knowing who is responsible for informing the Governments need to

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adapt the different departments of scientific and criminal investigations, with high-tech teams and
with duly trained personnel, which allows to develop a more effective criminal investigation
activity, which would result in a better justice administration system.

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Chapter I
Problem Statement

Currently the evidence is the essential point of the process and in the particular case of the
criminal process the forensic expert plays a preponderant role for the resolution of cases under
criminal investigation, and with the influence that new techniques or technologies come to have
every day to interpret the evidence by experts, a technological future is envisioned in the different
forensic laboratories, in which technological advances have begun to be used for a few years that
we could only conceive for tv programs or films movie theater.

Consequently, criminalistics and forensic medicine, in their various branches, have been
undergoing a paradigm shift, since in the mid-19th century when researchers in Europe were able
to find traces of cyanide in the hairs of corpses by poisoning, until at present, with few traces of
evidence it has been possible to determine without doubt the DNA participation of the suspect in
the crime scene.

The general objective of this work is to highlight the importance of the use of new
methodologies based on the application of the latest technology in forensic expertise, and to
highlight the fundamental importance of each Forensic Police having the infrastructure with all
the necessary tools current police forces in first world countries, to ensure that the forensic
investigation can be as close as possible to the truth of how the facts of the crime that was
submitted to its inspection happened.

It is necessary to highlight the essential role of police action as a competent, with high
importance in the judicial process, the citizen security corps would be responsible for carrying
out everything related to police investigation within the scope of their competence, under the
direction of the Ministry Public, as rector of the criminal investigation.

The investigation of any criminal act corresponds to the corps of criminal and scientific
research, which is responsible for collecting physical evidence or elements of procedural
conviction, activity that is executed through the so-called forensic expertise, and in our country

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perhaps they do not have the infrastructure to carry out their work more efficiently, which results
in the accumulation of cases without solution in the courts, because the expertise has not been
able to be practiced in an appropriate manner due to the lack of the resources necessary for its
evacuation.

With regard to Venezuela, the road is arduous and winding, since it has now begun to
walk thanks to the accusatory system introduced by the Criminal Procedure Code, which
establishes the premise of establishing the truth through technical and scientific evidence in a
Forensic expertise, to which all existing technologies can be applied, which has required more
qualified personnel with more specific and professional knowledge, to present a quality forensic
expertise and to help judges clarify the truth of the facts in a given crime.

This new model established with the new Code grants a wide variety of possibilities for
updating and evolving in the field of forensic and criminal scientific investigation, establishing
new patterns for the collection of evidence of a criminal nature that serves to establish objectively
the assessment of the expertise as an element of conviction, allowing the judge to sentence in a
more objective and close to the reality of the events that occurred subject to his criteria.

So, we wonder how do new technologies contribute to the quality and accuracy of
forensic expertise? This question is what we want to analyze and develop in this work.

Analyze the different technologies applicable to the execution of a forensic expertise and
how they grant a level of security and conviction to the judge at the time of the decision in any
criminal act.

The present study has been divided into ten chapters, in which it is intended to analyze
some of the relevant aspects related to the application of Criminal Science and the use of new
investigation techniques in which new high-tech devices are incorporated, as tools so that the
coroner can do a better job in the investigation of the crime scene, and thus be able to clarify how
the events occurred, or at least get as close as possible to the factual reality of what happened.

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The subject dealt with corresponds to the scope of the Criminal Sciences, where the
foundations for the use of criminal knowledge and methodologies are determined by the scope
granted by positive law, the common law and the doctrine. In most countries the Police has the
power to determine how to apply the Criminal Code, so must accommodate the criminal
investigation methodologies to the culture and local mechanisms that are their own.

The essential objective of this work is to highlight the importance of the use of new
methodologies based on the application of the latest technology in forensic expertise, and to
highlight the important meaning of each Forensic Police having the infrastructure with all the
necessary tools current that own the police in first world countries, so that the forensic
investigation can get as close as possible to the truth of how the facts of the crime that was
submitted to its inspection happened.

Technology is quickly taking over every aspect of our lives, and solving crimes is no
different. In fact, the rapid changes and improvements in technology have meant that solving
crimes almost takes on a futuristic factor, like something from a work of fiction.

During the forensic science process, forensic equipment is used to process samples and
evidence and hopefully solve crimes. Measurements include analysis of evidence, fingerprinting
or DNA identification, analysing drugs or chemicals and dealing with body fluids. Importantly, it
is the fusion of science and technology that allows forensic scientists to do a lot of their work.
Sciences such as biology, chemistry and mathematics are combined with various technologies to
process evidence.

For this study it will be important to know and develop three aspects, which are:

- Identify the most important technologies used in the forensic laboratory in different
countries.
- Analyze some of the most important technologies used in forensic laboratories for the
novelty and contribution they provide to experts in the evacuation of forensic
expertise.

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- Compare some of the forensic expertise performed with these new technologies with
the expertise performed in our forensic laboratories.

Reach the investigation.

The importance of legal medicine and forensic expertise, from a legal and social point of
view, transcends forensic laboratories to reach judicial stages, forensic science has granted judges
better tools when issuing their sentence, because a forensic expertise carried out with high
technology, allows them to establish in a more exact way the agreement between a fact proven in
the laboratory and the legal assessment established.

Police institutions have full powers to investigate the crime committed and this is where
the scientific processes of criminal investigation in particular are developed. Due to this
situation, the need arises to apply with greater intensity modern probative means which stand out
for their scientific and objective significance, such as criminalistics which offers truthful,
objective and above all effective evidence.

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Chapter II
Investigation Method

In the present study, the research has a quantitative approach, as Bernal (2006) points out,
this approach really corresponds to a “traditional method that is based on the measurement of the
characteristics of social phenomena, deriving from a conceptual framework relevant to the
problem analyzed, deductively analyzing the study variables ”(p.57). For this, it uses the
quantification of these variables and relies on statistics.

It was considered necessary that the research be of a basic or pure type, so Elizondo
(2002) explains that the research is pure or also called “theoretical, fundamental or basic, because
it pursues the enunciation of laws or theories that support the existence of a certain phenomenon
of study ”(p.22).

Investigation Level
It is necessary to point out that the research had a descriptive and explanatory level,
which, as Diaz (2006) has expressed, “seeks to specify important properties of people, groups,
communities or any other phenomenon that is subjected to analysis. They measure or evaluate
different aspects, dimensions or their components ”(p.127).

Design of the investigation


The research design was non-experimental and transversal or transectional. It is called
non-experimental because “it describes the characteristics or properties of a population,
although it also has other purposes such as the study of the processes of change and the
relationships between the variables” (Balluerka and Vergara, 2002, p.10).

The non-experimental, descriptive design scheme followed will be:

M = O1
Where: O1 = use of new technologies in the expertise of a forensic investigation. And M
= Sample.

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Therefore, the research had a non-experimental, simple descriptive design, the objective
of the research was to describe the variable, as well as its dimensions, then the results were
presented.

And transectional because “this design is used only once, in a certain time, they are based
on simple observation or measurement, also with survey techniques for certain characteristics of
the study phenomenon” (Hernández et al., 2018, p. 88).

Population and Sample


Population:
The population is “the set of all individuals who meet certain properties and who wish to
study certain data” (Tomás-Sabado, 2009. P. 21). The population of the present investigation was
made up of twenty-five (25) practicing lawyers in criminal matters, in the Caracas Meropolitan
area.

Technique, and data collection instrument.

Technique:
This study was based mainly on the following techniques:

Literature review: “A bibliographic search is a systematic collection of information


published with a topic” (Vilanova, 2011, p.109).

Survey: Because “it allowed to collect the information provided verbally or in writing by
an informant through a structured questionnaire, it also uses samples of the population under
study” (Alvira, 2004, p.35).

Instruments:

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Bibliographic cards: For the elaboration of the pertinent information to the theoretical
frame bibliographic cards were used, the same “allowed to keep data about books, articles,
conferences, magazines, etc. The cards have the enormous advantage that facilitate the work
”(Rodríguez, 2005, p.67).

Survey form: A technical sheet for the survey was prepared, so that they were established
in an orderly and objective manner, containing seven (7) closed type questions, the same that
were used to subsequently perform the analysis of the data obtained in the same. The survey was
sent electronically through a messaging application, warning respondents that their responses
would be analyzed anonymously, to encourage greater sincerity in the survey responses.

Data analysis methods.


The method of data analysis used was descriptive statistics “through exploratory data
analysis, describing the characteristics of a fact, object or phenomenon. This analysis was carried
out using tables and graphical representations and statistical indicators” (Vila, 2006, p.4).

The MS spreadsheet software was used. Excel 2013 and the SPSS statistical version 23.0
to define and / or describe the variable under study.

The results obtained after the statistical processing of the data will be represented in tables
and figures that facilitate its interpretation.

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Chapter III
Theoretical Framework

Criminal investigation requires the intervention of specialized professionals for the


detection, individualization, preservation and correct treatment of those material indications that
allow unequivocally to give light in different questions about the criminal act and its
protagonists. The academic training of these qualified has been historically postponed due to the
urgency of resolving cases that are happening, while once the investigation has arrived at the trial
stage, they themselves are questioned for conceptual, methodological, and occasionally ethical
deficiencies, basically because these experts who enter in the first place in the crime scene, are
part of the personnel of the local security forces.

On the other hand, in the subsequent stages there is usually a special place, of greater
authority, to professionals outside the criminal areas, who have partial academic training in
relation to crime, but of a university degree, who usually adduce their own expert inefficiency to
errors or supposed errors committed in the crime scene in the stage of the investigative
emergency, where the official experts are usually pressured and restrained in their requisitions to
work correctly in it. The perspective from which the present is approached is framed in the need
of professionalization of the experts, and of their corresponding professional hierarchy.

Innovation is an essential way to assist crime labs. For example, high-tech robotic
workstations can now process large numbers of DNA samples simultaneously, allowing crime
labs to work more efficiently. 
 However, not all forensic offices in different countries have the
necessary infrastructure, in many cases it is because governments do not provide the necessary
resources to this fundamental area in the power of justice.

Law enforcement investigators, as well as scientists and technicians in crime labs, must
rely on new technologies and scientific innovations to more efficiently identify, gather and
process evidence related to criminal activity.

Scientific advances already play an important role in solving crimes. Labs can analyze
smaller pieces of evidence than ever before, and law enforcement officials can gain valuable
information from evidence that, in the past, would have been degraded and unusable due to

12
weathering or time. New technology also allows investigators to find and analyze evidence that
they would likely not have found via earlier methods.

One of the more difficult challenges facing police officers working in the field today is
accurately identifying substances that may be illegal drugs. This problem has grown in recent
years with the widespread use of ever-evolving novel psychoactive substances, such as “bath
salts” and synthetic cannabinoids, which are specifically created not only to mimic the effects of
other drugs but also to avoid being classified as illegal. But this issue, perhaps it is more specific
that we consider should be treated separately, and that will not be included in this study.

Of course, traditional forensic evidence, such as handwriting, firearms, bullet, bite,


toolmark and fingerprint identification, has long played a role in the criminal justice system. But
currently on the horizon are a new generation of forensic sciences capable of uncovering and
inculpating criminal offenders at an order of magnitude greater than that afforded by traditional
forensic techniques. This array of exciting new methods-such as DNA typing, data mining,
location tracking, and biometric technologies represents a marked advance over the rudimentary
techniques of old, and will surely stake a essential and necessary role in the future administration
of criminal justice.

As technology infiltrates every aspect of our lives, it is no wonder that solving crimes has
become almost futuristic in its advances. From retinal scanning to trace evidence chemistry,
actual forensic technologies are so advanced at helping to solve crimes that they seem like
something from a science fiction thriller.

In this sense, in this work we will try to take a look at the new technologies used in
forensic offices, in which new technologies and high-tech sections are used to try to discover the
necessary data in the resolution of a crime.

And on the other hand, we will try to review some of the traditional methods of criminal
investigation, which are still being used today in many forensic offices.

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Chapter IV

Forensic Expertise

According to Collins English Dictionary, the concept of Forensic Expertise is when


“an expert in applying scientific, technical or medical knowledge to the purposes of law.” In
these sense, the term ‘forensic expert’ is used to refer an expert witness who testifies or gives
forensic related opinions at a dispute resolution trial or hearing by virtue of his/her specialized
knowledge. Forensic opinions are sought from forensic experts to explain past, present, and
future events. An expert opinion is distinct from a lay man’s opinion because of the scientific,
technical, specialized training, or experience that an expert possesses. An expert is allowed by
law to give opinions in law related settings rather than merely recite facts gained from senses.

The American Academy of Forensic Sciences, the largest forensic science organization in
the world, is composed of nearly 6,000 scientists organized into eleven sections representing the
different areas of interest, activity, education, and expertise of individual members. These
sections are the followers: anthropology, criminalistics, digital and multimedia science,
engineering and applied science, general, jurisprudence, odontology, pathology – biology,
psychitry and behavioral science, questioned documents and toxicology.

All these areas of investigation are important and have a proportional role in the
resolution of a criminal case, however, we are going to focus on Criminalistics, to better
understand what this section does in a criminal investigation.

Criminalists analyze, compare, identify, and interpret physical evidence, then report
results for use in the justice system. Forensic laboratories have two primary functions: (1)
identifying evidence; and, (2) linking individuals, objects, and locations through physical
evidence. The main role of the criminalist is to objectively apply standard, scientific processing
techniques of the physical and natural sciences to examine physical evidence. Physical evidence
may be anything. It may be as subtle as a whiff of a flammable gas at an arson scene or as
obvious as a pool of blood at a homicide scene. The enormous range of material challenges the
ingenuity of the criminalist who examines and identifies hair, fibers, blood, seminal and other
body fluid stains, drugs, paint, glass, botanicals, soil, flammables and safe insulating material;

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restores obliterated, smeared or smudged markings; and identifies firearms and compares fired
bullets, tool markings, and footwear impressions. In most cases, the amount of the evidence to be
tested is very small, such as a drop of blood, a hair, or a piece of glass, but can be a vehicle or
other large object.

Using specialized training, analytical skill, and practical experience, the criminalist
separates evidence from items having little or no value. Next, the criminalist sorts, compares,
and identifies the evidence, using chemical tests and instruments to develop useful information
for investigation or at trial. The criminalist may find, for example, that a bullet has been fired
from a particular gun, the DNA profile from a bloodstain inside a suspect’s car is the same as the
victim’s DNA profile, or that a fragment of paint from the scene of a hit-and-run accident has
come from a particular car. These types of analyses are rarely routine; they require an eye for
detail, a broad practical scientific background, and the ability to apply these skills in the
laboratory.

Perhaps the most important task of the criminalist lies in interpreting the results of the
tests to help determine the facts. The results may help to know the circumstances at the time a
crime occurred or to provide details supporting a witness’s statement. Reconstructing the events
of a crime can be very difficult. It requires an understanding of the meaning of results from the
analysis of physical evidence, of the physical laws and processes involved, and the recognition of
how they interact. Finally, any results and conclusions made by the criminalist must be conveyed
to the others in the criminal justice system, such as officers, attorneys, and jurors. This is done
by written reports and expert testimony. The criminalist must express conclusions so that
technical details are understood by the non-scientist jury, attorneys, and judges.

Criminalists must be able to think critically and use scientifically valid methods to
analyze anything and everything submitted to the laboratory. They must be familiar with many
different types of equipment and techniques in order to conduct the necessary testing. They must
know basic chemistry concepts as well as have advanced knowledge of instrumental techniques
that include polarized light microscopy (PLM), gas chromatography/mass spectroscopy

15
(GC/MS), Fourier Transform Infrared Spectroscopy (FTIR), Raman IR, and scanning electron
microscopy (SEM) to name a very few. From: American Academy Forensic Science.1

In subsequent chapters in this same study, we will see some of the most important new
technologies that are in use in different forensic laboratories in some countries.

Now the forensic laboratories are able to investigate more and a greater variety of
evidence, extracting more information from less material. They have moved up from the
supporting role to the leading actor in numerous investigations. They provide quick and reliable
information on crime scenes, suspects and victims, and that is where the experts performing
specialist tests in the different fields of forensic science are directing their efforts.

The test methods are categorised as subjective and objective. Subjective tests are based on
experience, heuristic techniques and intuition. Such methods are useful, but they have a different
type of value and they have to be interpreted in a specific way. The most important advance in
the history of forensic science was the introduction of objective methods and the concept of
probability to measure the degree of uncertainty of a result.

This objectivity has to do with validated methodologies, verified and calibrated


equipment, detection and quantification thresholds, certified reference materials, estimation of
uncertainty, and accuracy and precision in measurements. It is also related to guaranteeing the
repeatability and reproducibility of the results, the selectivity, the specificity and the traceability
of the procedures, taking part in inter-laboratory comparison exercises and being subject to
internal and external audits carried out by accredited experts and by national assay accreditation
organisations. Some scientists have summarised all these requirements into two principles:
transparency and quality control.

Police institutions have full powers to investigate the crime committed and this is where
the scientific processes of criminal investigation in particular are developed. Faced with this
situation, the need arises to apply with greater intensity modern probative means which stand out

1 https://www.aafs.org/home-page/students/choosing-a-career/types-of-forensic-scientists-disciplines-of-aafs

16
for their scientific and objective significance, such as criminalistics which offers truthful,
objective and above all effective evidence.

The Current Situation Forensic Science

One of the clearest and most important trends in forensic science is its remarkable growth
in the last 15 years. This is the result of three main factors: the introduction of new technological
capabilities; the increase in awareness among users of forensic services of the value of forensic
science efficiency; and the arrival of new clients outside the traditional forensic field.

The increased use of forensic investigations is not only due to the advent of new
technologies but also the fact that the general population has more information about what
forensic science can offer.

Factors responsible for the growth of Forensic Science.


1. The introduction of new technological capabilities.

As a result, advances in technology are being applied to the finite and exacting field of
forensic science, a field in which technical competency is achieved only by the synthesis of a
number of factors, including training, experience, continuing education, proficiency and an
appreciation of scientific methods and protocols projected against a background of stringent
professional ethics.

Now that we are in the 21st century, forensic science must continue to develop and
mature. In recent years, the blend of science and technology has enabled police to solve many
crimes that once would have been considered beyond resolution.

2. The increase in awareness among users of forensic services of the value of forensic
science efficiency.

Every day the interest on the part of the investigators is noticed, in which an academically
prepared coroner is more efficient for the resolution of cases submitted to the evaluation of a
forensic laboratory. Likewise, the universities and institutes in which the different forensic

17
disciplines are taught are providing more resources in the training of qualified personnel in this
discipline, in order to train experts in the service of justice. However, this trend is not worldwide,
since in countries located in Latin America, they have not understood this vision of the future.

3. The arrival of new clients outside the traditional forensic field.

Many companies have seen their opportunity to take their technologies to different fields
of science, including forensic science, so a range of business possibilities have been opened
where their inventions would have a place and practical utility.

18
Chapter V

The Scientific Method of Criminalistics

It can be pointed out that the objective of criminalistics is precisely the study of the
physical evidences that are used and produced in the commission of a criminal act, applying
scientific technology and methodology, with the establishment of general truths and individuals,
where the evidence produced and the objects and instruments used, are identified, studied and
explained to know their relationship and their manifestations, as well as to determine the forms
and mechanisms performed and identify the victims in their case and the alleged perpetrators and
others involved, in order to finally know the truth of the fact under investigation.

So, each of the scientific disciplines of General Criminalistics, also based on the scientific
study of material evidence, has defined its specific and specific objectives that are satisfied with
adequate knowledge, methodology and technology.

Criminalistics as a speculative science, applies the inductive method to arrive at the


formulation of its laws or principles by means of which from a special truth the knowledge of a
general truth is reached. In this sense, Criminalistics as applied science, uses the laws and
principles formulated as speculative science, to the solution of specific and particular cases that
arise, through the deductive method, with which the knowledge of a general truth comes to the
knowledge of a particular truth, however, it is convenient to clarify that experimentation is not
possible in all the criminal cases that are investigated, so the process must be limited to
conducting an experimental scientific demonstration.

Now, technology gives us certainty about facts that are investigated in criminal justice,
with the help of technology, greater certainty is obtained and can be judged more efficiently and
faster.

The application of technology in criminal investigation contributes to the investigation of


crimes and to clarifying the facts more quickly, efficiently and safely.

The technology can be applied to all types of crimes, however traditional they may be,

19
even in cases of homicide, sexual assault or kidnapping, the authorities can use the technological
resources to track the fingerprint that the aggressors could leave after committing a criminal act.

20
Chapter VI

The Most New Technologies Used In Forensic Sciences

There are loads of different technologies used in the forensic sciences, some that have
been made famous by television shows, and others that most people never even knew existed.
Here are some of the relevant ones that deserve to be mentioned.

1. Phenom SEM
A pretty cool piece of equipment, the Phenom SEM for Gun Shot Residue allows crime
labs to search for gunshot residue particles. The technology then characterises the residue using
energy dispersive spectroscopy quickly distinguishing the gunshot particles from dust, dirt and
other fibres. It’s all automated, and the software and hardware are fully integrated so it’s very
user-friendly.

Gunshot Residue (GSR) analysis plays an important role in the determination if a firearm
has been used in a crime. Established GSR analysis techniques are based on the use of a scanning
electron microscope (SEM), which is used to scan the sample and find suspect GSR particles. If a
suspect particle is found, an Energy Dispersive Spectroscopy (EDS) technique is used to identify
the elements in that particle.

The Thermo Scientific™ Phenom Perception GSR Desktop SEM is the only dedicated
SEM specifically designed for gunshot residue analysis. Because the system is automated, it
enables to speed up the analysis process. With no need to change the settings each time, and it
can immediately focus on the task at hand.

A high brightness CeB6 source is at the heart of the desktop Phenom system. This means
that can be confident it will provide reliable, long-lasting daily use and won’t need to be replaced
unexpectedly. The Phenom Perception GSR makes gun-shot residue analysis on-demand, faster,
easier and more reliable than ever before.

The use of an SEM in forensic applications can be very valuable, since the range of
applications and samples that can be studied is wide. Most of these samples can be studied with

21
Phenom, besides being used in ballistics: Traffic Accidents, Animal Hair, Forensic Hair Analysis,
Biological evidence, Pollen, Mechanical evidence.

2. Alternative Light Photography

One of the quickest ways to detect whether damage has been done to a body before it
even surfaces on the skin, alternative light photography is used by forensic nurses and can
sometimes mean the difference between life and death. The camera uses blue light and orange
filters to see whether bruising has occurred below the skin’s surface.

A forensic light source is a crime scene investigator’s and lab technician’s tool for
enhancing observation, photography and collection of evidence including latent fingerprints,
body fluids, hair and fibers, bruises, bite marks, wound patterns, shoe and foot imprints, gun shot
residues, drug traces, questioned documents, bone fragment detection, etc. It provides more
sensitivity than traditional methods thus increasing the amount of evidence uncovered and the
quality of the evidence photographed and collected.

A forensic light source is made up of a powerful lamp containing the ultra-violet, visible
and infrared components of light. It then filters down the light into individual color bands
(wavelengths) that enhance the visualization of evidence by light interaction techniques including
fluorescence (evidence glows), absorption (evidence darkens), and oblique lighting (small
particle evidence revealed).

3. Digital Surveillance For Gaming Equipment

Many criminals use gaming equipment such as Xboxes because many people assume that
gaming systems aren’t a place to hide data. The XFT Device will give authorities access to
hidden files on Xbox hard drives and can also record access sessions to be used as evidence in
court.

The latest gaming consoles by Microsoft, Sony, and Nintendo provide users with
computing and Internet functionality that is similar to the functionality offered to users of
traditional computing devices (i.e. desktop and laptop computers running Windows, Macintosh,
and Linux operating systems). The Xbox 360, for example, allows users to access social

22
networking services such as Facebook and Twitter, stream Internet radio through Last.fm, and
watch movies via Netflix. The PS3 allows users to send instant messages and create chat rooms
to banter with other users over the PlayStation Network. It also allows users to access web-based
email (e.g. Hotmail, Gmail, Yahoo! Mail) and websites through its proprietary browser. The
Nintendo Wii allows users to send email messages, including messages that contain picture
attachments, to other Wii users and users of third- party email services. The Wii, PS3, and Xbox
360 all offer users the ability to store media files on a hard drive or in flash memory.

The functionality of the PS3, Wii, and Xbox 360 provide offenders with a powerful tool
to use for committing and supporting criminal activity. The communication options available
through these gaming consoles are particularly helpful to criminals. Text, voice, and video
communication options within gaming environments and through consoles menus provide
offenders with easy access to a population of suitable targets for victimization for crimes that
produce economic and social harms.

Criminal activity that produces economic harm is expressed in terms of monetary


damages (Criminal Intelligence Service Canada, 2007). These damages can be borne by
individuals, communities, businesses, and governments and can be committed by a single person
or an organized criminal group. Subscriber data (e.g. name, address, phone number, credit card
number, gaming network ID, and gaming network password) connected to an account for an
online video game console community can be exploited by criminals for direct financial gain or
sold to third-parties for their misuse. Virtual currencies and virtual goods amassed by a game
player can, at times, be converted into real-world currency through in-game transactions or third-
party services (e.g. EBay, PlayersAuctions, and IGE) and are, thus, attractive targets for
economic fraud.

4. Facial Reconstruction

Forensic facial reconstruction (or forensic facial approximation) is the process of


recreating the face of an individual (whose identity is often not known) from
their skeletal remains through an amalgamation of artistry, anthropology, osteology,
and anatomy. It is easily the most subjective—as well as one of the most controversial—
techniques in the field of forensic anthropology. Despite this controversy, facial reconstruction

23
has proved successful frequently enough that research and methodological developments
continue to be advanced.

In addition to remains involved in criminal investigations, facial reconstructions are


created for remains believed to be of historical value and for remains
of prehistoric hominids and humans.

5. DNA Sequencing
DNA is used to identify both criminals and victims by using trace evidence such as hair or skin.
DNA Sequences come a variety of strengths and the degradation of the sample will largely
determine how powerful the DNA Sequencer must be. The sequencer identifies a unique pattern
of DNA that can possibly help identify a person.

DNA sequencing is the process of determining the sequence of nucleotide bases (As, Ts,
Cs, and Gs) in a piece of DNA. Today, with the right equipment and materials, sequencing a
short piece of DNA is relatively straightforward.

Sequencing an entire genome (all of an organism’s DNA) remains a complex task. It


requires breaking the DNA of the genome into many smaller pieces, sequencing the pieces, and
assembling the sequences into a single long "consensus." However, thanks to new methods that
have been developed over the past two decades, genome sequencing is now much faster and less
expensive than it was during the Human Genome Project11start superscript, 1, end superscript.

6. Automated Fingerprint Identification


Fingerprint identification comes in a variety of technologies, allowing forensic scientists
to compare fingerprints found to an extensive digital database. Newer technologies such as
magnetic fingerprinting dust means investigators are able to get a perfect impression without
compromising the fingerprint.

Systems for identifying personnel in security-type positions or for allowing individuals to


possess personal identification means have long been in use. One of the most common of these
systems employs the use of fingerprints. The personal identification systems are utilized for two

24
major kinds of control: the control of commercial transactions and the control of entry to and exit
from secured areas.

In current identification systems used for the control of entry and exit, an identification
number and/or a security card with a personal identification number (PIN) is assigned to a
particular person in lieu of a mechanical key. When a person wants to enter the secured area, he
or she swipes the card through a card reader and in some cases also inputs a security code to
verify the identify of the person. If the identification number and the security card correspond
with each other and with a pre-registered code, the person is granted entry or exit.

7. Link Analysis Software


Link Analysis Software is all to do with accountants and tracking funds. Often, there is a
mountain of paperwork involved with funds. Enter Link Analysis Software, which highlights any
strange financial activity found within the paper trail. The software looks at financial transactions
and the profile of the customer, and using statistics it generates possible illegal behaviour.

Link analysis has been used in the criminal justice domain to search large datasets for
associations between crime entities in order to facilitate crime investigations. However, link
analysis still faces many challenging problems, such as information overload, high search
complexity, and heavy reliance on domain knowledge. A study conducted by a private American
company developed a prototype system called CrimeLink Explorer based on the proposed
techniques. Results of a user study with 10 crime investigators from the Tucson Police
Department showed that our system could help subjects conduct link analysis more efficiently
than traditional single‐level link analysis tools. Moreover, subjects believed that association paths
found based on the heuristic approach were more accurate than those found based solely on the
co‐occurrence analysis and that the automated link analysis system would be of great help in
crime investigations.

8. Drug Testing
Forensic teams are often requested to identify unknown substances, whether in powder,
liquid or pill form. Labs use colour testing, which indicates there is a substance present and
confirmatory testing, which specifically identifies what kind of substance it is. Other tests also

25
include ultraviolent spectrophotometry, using ultraviolent and infrared lights to see how the
substance reacts; gas chromatography, which isolates the drug from mixing agents that may be
present; and microcrystalline testing, which uses the crystal patterns formed to determine what
drug is present.

Colour tests expose an unknown drug to a chemical or mixture of chemicals. What color
the test substance turns can help determine the type of drug that's present.

Other drug tests include ultraviolet spectrophotometry, which analyzes the way the
substance reacts to ultraviolet (UV) and infrared (IR) light. A spectrophotometry machine emits
UV and IR rays, and then measures how the sample reflects or absorbs these rays to give a
general idea of what type of substance is present.

A more specific way to test drugs is with the microcrystalline test in which the scientist
adds a drop of the suspected substance to a chemical on a slide. The mixture will begin to form
crystals. Each type of drug has an individual crystal pattern when seen under a polarized light
microscope.

Gas chromatography/mass spectrometry isolates the drug from any mixing agents or other
substances that might be combined with it. A small amount of the substance is injected into the
gas chromatograph. Different molecules move through the chromatograph's column at different
speeds based on their density. For example, heavier compounds move more slowly, while lighter
compounds move more quickly. Then the sample is funneled into a mass spectrometer, where an
electron beam hits it and causes it to break apart. How the substance breaks apart can help the
technicians tell what type of substance it is. (Fuente: https://science.howstuffworks.com/forensic-
lab-technique2.htm)

9. Laser Ablation Inductively Coupled Plasma Mass Spectrometry (LA-ICP-MS)


The Laser Ablation Inductively Coupled Plasma Mass Spectrometry (LA-ICP-MS) helps
put even the minutest pieces of glass back together. This helps forensic scientists determine the
direction of bullets, force of impact or even the type of weapon used if a crime has been
committed. The LA-ICP-MS helps forensic scientists determine what type of glass is found and
can match it to other types of glass in a database.

26
LA-ICP-MS is one of the most exciting analytical technologies available because it can
perform ultra-highly sensitive chemical analysis down to ppb (parts per billion) level — without
any sample preparation.

Samples can be both conducting or non-conducting, and the analysis can be performed in
the air without the need for a complex vacuum system. Results are available within seconds; LA-
ICP-MS delivers that fastest analysis speed of all analytical techniques with the limit of detection
approaching ppb level.

The sample mass size required for LA-ICP-MS analysis is sub-microscale — picograms
to femtograms. Traditional liquid nebulization approaches for ICP-MS require the removal of
milligrams of sample mass in order to be effective.

When applied with optimized laser ablation conditions and ICP-MS data acquisition
protocols, LA-ICP-MS allows versatile solid sampling schemes that include:
• Bulk analysis

• Local inclusion and defect analysis

• Depth profiling

• Elemental/isotope mapping

The two most commonly used laser-based methods are bulk analysis with a typical laser
spot size of 100 ~ 350μm and microanalysis with the laser spot size as small as a few microns.
(Fuente: https://appliedspectra.com/technology/la-icp-ms.html)

10. Fire Investigations


When arsonists attack, there is very rarely much evidence left at the scene. However,
arsonists usually use accelerants to speed up a blaze. Forensic scientists use technologies to heat
samples taken from the scene causing any residue to separate. This sample is then analysed to
determine the chemical structure. Scientists also use other tests such as using liquid nitrogen gas
to trap residue which are then analysed using gas chromatography.

27
11. Forensic Carbon-14 Dating
Carbon dating has long been used to identify the age of unknown remains for
anthropological and archaeological findings. Since the amount of radiocarbon (which is
calculated in a Carbon-14 dating) has increased and decreased to distinct levels over the past 50
years, it is now possible to use this technique to identify forensic remains using this same tool.
The only people in the forensic science field that have ready access to Carbon-14 Dating
equipment are forensic scientists, usually with a Master’s Degree in Forensic Anthropology or
Forensic Archaeology.

According to the article written by Professor Philip Bulman and Danielle McCleod-
Henning for the National Institute of Justice, the new method is based on the fact that over the
past 60 years, environmental levels of radiocarbon have been significantly perturbed by mid-
20th-century episodes of above-ground nuclear weapons testing. Before the nuclear age, the
amount of radiocarbon in the environment varied little in the span of a century. In contrast, from
1955 to 1963, atmospheric radiocarbon levels almost doubled. Since then they have been
dropping back toward natural levels. Over the past six decades, the amount of radiocarbon in
people or their remains depends heavily on when they were born or, more precisely, when their
tissues were formed.

Forensic anthropologists at The University of Arizona took advantage of this fact in a


recent study funded by NIJ. The researchers wanted to find out if they could identify a person's
year of birth or year of death using precise measurements of carbon-14 levels in different post-
mortem tissues. They measured carbon-14 levels in various tissues from 36 humans whose birth
and death dates were known.

To determine year of birth, the researchers focused on tooth enamel. Adult teeth are
formed at known intervals during childhood. The researchers found that if they assumed tooth
enamel radiocarbon content to be determined by the atmospheric level at the time the tooth was
formed, then they could deduce the year of birth. They found that for teeth formed after 1965,
enamel radiocarbon content predicted year of birth within 1.5 years. Radiocarbon levels in teeth
formed before then contained less radiocarbon than expected, so when applied to teeth formed
during that period, the method was less precise.

28
To determine year of death, the researchers used radiocarbon levels in soft tissues. Unlike
tooth enamel, soft tissues are constantly being made and remade during life. Thus, their
radiocarbon levels mirror those in the changing environment. The researchers found that certain
soft tissues — notably blood, nails and hair — had radiocarbon levels identical to the
contemporary atmosphere. Therefore, the radiocarbon level in those tissues post-mortem would
indicate the year of death. The researchers found that year-of-death determinations based on nails
were accurate to within three years.

The generally poor post-mortem preservation of soft tissues would be a limiting factor to
this approach. However, the researchers suggested that soft tissue radiocarbon content would be
transferred to, and preserved in, the pupal cases of insects whose larvae feed on these tissues.
Such insects are simply another link in the food chain. Thus, pupal case radiocarbon content
would serve as a decay-resistant proxy for the tissues, yielding the year of death.

The spike in atmospheric carbon-14 levels during the 1950s and early 1960s makes this
approach possible, but it also means it will have a limited period of utility because the amount of
carbon-14 in the atmosphere is slowly returning to its natural level. Barring any future nuclear
detonations, this method should continue to be useful for year-of-birth determinations for people
born during the next 10 or 20 years. Everyone born after that would be expected to have the same
level of carbon-14 that prevailed before the nuclear testing era.

All the people whose tissues were tested for the study were residents of the United States.
Atmospheric dispersion tends to create uniform levels of carbon-14 around the globe, and
researchers believe that these would be reflected in human tissues regardless of location.
However, more testing is needed to confirm that belief.2

2 Fuente: https://nij.ojp.gov/topics/articles/applying-carbon-14-dating-recent-human-remains

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Chapter VII
Technical Novelties of Criminal Investigation linked to new technologies.

Case of Computer Crimes.

One of the characteristics of the investigation of computer crimes is that by developing in


a virtual electronic environment, it identifies technical avenues of attacks on traditional legal
assets (e.g., insults, threats, etc.) and even novel ones (denial attacks of service, harmful worm
virus, Phishing, etc.), at the same time it can force to use some that to date had not been used in
what is being called conventional investigations.

Consequently, it is considered whether for its discovery some of the computer techniques
used to commit crimes can be used as investigative techniques, or combat this singular type of
crime, as well as others to date unknown that begin to allow the advances themselves of
technologies.

In this part of the study, we will point out the technical possibility of carrying out traces
on the Internet to find the traces that all Internet use leaves on the part of its user.

The search has been automated and cyber-tracing uses technological tools that help you
do the job mechanically with software that searches by using precise voices or characters. Many
times the data voluntarily provided by a person on the Internet using the same nicknames, serve
to discover their most recent crimes, based on logical inferences, most of which are taken from
the Internet.

This technique is combined with what has been called "intelligence" or study of the
conclusions that leads to the crossing of the data (information) obtained from these traces and the
police that serve as hypotheses to confirm in some way with the actions on the Network, in those
files of activities to be studied (generally movements and transfers of money, telecommunications

30
between the terminals, related persons in the past, travel, stays and entrances and exits at airports,
etc.) as linked to suspects.

When we refer to possible interceptions of Internet telecommunications, we are referring


to the use of a research technique with the so-called "Trojan" viruses, such as "spy" viruses, that
is, programs masked under another denomination, which, once open, they can display their
contents on the computer of the researched without their knowledge and awareness and thereby
obtain the appropriate information of their criminal activity through their terminal.

In other words, we are talking about the use of the technique to combat crime that uses the
technique to commit its crimes.

In this way, these would be some of the new methods to combat complex computer
crimes complementary to the conventional ones we already know, so we have:

Intrusive Methods: Infiltration into the criminal network through undercover agents,
obtaining information through the interception of communications with the use of spyware -v. gr.
e-blasters and other remote monitors such as keylogger keyboards, ADSL intervention,
introduction of spy trojans, etc.- or recording methods and / or filming activities.

Coercive Methods: entries and records, arrests and confiscation of computers.

Cooperationist Methods: use the figure of "link" with telephone companies, access
providers and internet service providers.

Preventive Methods: information campaigns are used, measures to restrict the use of the
Internet, among others.

Infiltration and Undercover Agent on the Internet.


In this case, when it comes to investigations that affect activities of organized crime, the
competent Judge may authorize judicial police officers, through a well-founded resolution and

31
taking into account their need for the purposes of the investigation, to act under alleged identity
and to acquire and transport the objects, effects and instruments of the crime and defer the seizure
of them. This technique is already used in Spain, for several years, and has achieved a great
contribution in the crimes of child pornography and drug sales.

Remote monitors. Keylogger keyboards.


This novel technique of criminal investigation, without specific regulation at present, is
about the use of computer programs (software) capable of duplicating the telecommunication
information and the contents of the files of one terminal in another (the public investigator with
judicial authorization) with the object of obtaining such information to verify or discard the
criminal hypothesis in which the criminal investigation consists.

Its application emerges as an institutionalization in favor of official investigators of


malware systems that are sometimes used by computer criminals to attack their victims: v.gr:
viruses, worms, trojans, backdoors, exploits, spyware, etc.

Technovigilance, beacons and GPS.


Technovigilance is, as the same expression indicates, submission by technical devices to
the control of a person's activities - principally - a precise place or object in a criminal
investigation, both to be able to prove a past criminal activity (see who accesses the table stolen,
to the deposit of weapons discovered, for example), as current or future (observe the activities of
suspects of a crime to see if they repeat it).

The beacons are sophisticated electronic devices that, through emission-reception


techniques of location signals, place objects (vehicles, boats, etc.) in a very approximate
geographical location, and thereby allow their control and who use.

The GPS system collects the signal emitted from an electronic device and determines its
location to the passage of one of the many GPS satellites in orbit of the earth on the emitting

32
device, allowing the location and tracking in real time of the objectives, and facilitates its control
in adverse circumstances such as high speed, long, night trips, among others.3

Virtual Reconstruction Techniques.


This technique has already been used in some countries, especially for the reconstruction
of road accidents. During the investigation, a Virtual Reconstruction will give the expert a set of
tools to obtain information, test hypotheses and warn inconsistencies in their conclusions.

For example, photogrammetry will allow you to measure distances by means of


photographs, to review data from the file on objects not preserved or altered by the passage of
time. It can also measures deformations in vehicle bodies to calculate relative speeds, or final
positions of the mobiles by the photographs taken at the place at the time of the accident. In
ballistics you can calculate the trajectory of a projectile by the visible marks in photographs of
the scene. And a subsequent Virtual Reconstruction with that data can locate the position of the
shooter or the victim.

A 3D animation can show the point of view of witnesses or drivers to review their
testimonies. It can make visible mathematical variables such as speed, acceleration, trajectory
angle, distances, etc. on the same screen where the sequence of events is shown. And when the
expert presents his conclusions, a Virtual Reconstruction will make them more understandable to
people who do not have their level of specialization. Giving them the opportunity to evaluate and
criticize the report based on their common sense. The final report can be presented on a CD-Rom
as an animated video, attaching photos or sheets of the most relevant points to describe, or a VHS
type video to watch in a common video-recorder.

Three-dimensional animation provides much more information than any other medium. It
teaches us visually about a complex object or scene and allows us to feel and analyze things
visually.

Advantages of using 3D Animation.

3 Fuente: Velasco Nuñez (2011). Revista de Jurisprudencia, número 4 del 24-02-2011

33
• Concise Instruction: This is the most important. We are familiar with the problems of
attention time, level of interest, and the ability to follow a series of complex instructions.
• It makes procedures or complex objects something clearer: 3D animation allows you to see
something upside down, cut in two, leafless layers or make the nearest layers transparent, or
fade the farthest layers. A 3D model can simplify the confusion of 2D drawings and facilitate
the understanding of technical information and conditions. It can present the technical
information so that ordinary people can understand it.
• It can discover new facts or evidence: The process of creating a 3D model forces a level of
study comparable to an engineering process. It must redo the engineering of a 3D object to
recreate it in a three-dimensional environment. Through this process, every detail of an
object is reviewed and once recreated a virtual camera can be moved around the scene,
investigate obstructions, cleared areas, interactions, marks of use.
• It can easily show alternative scenarios, the use of parts, etc.: All this visualizing and
supporting the testimony of the specialist, demonstrating the operation of the set.
• Highlights features of the movement: Shows things in slow motion, wear or deterioration
over time; experiment with variations in elapsed time, etc.
• Greater security than demonstrations of the process or product in the courtroom: For things
impossible to show in the courtroom: explosions, burns, access to dangerous places, etc.

UAV Drone Unmanned Aerial Vehicle.


Unmanned Aerial Vehicles are used with great success as a complement to Geographic
Identification Systems (G.I.S.) and in photogrammetry using orthophoto topography. This
technique is currently widely used in countries such as the United States of America, Germany
and Canada.

Photogrammetry is a set of techniques that, by means of a camera, allow to deduce a


conical projection of the image, its dimensions and the location of an area. That is, if we work
with a photo we can obtain information in the first instance of the geometry of the object, that is,
two-dimensional information. If we work with two photos, in the area common to them, we can

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have stereoscopic vision; or put another way, three-dimensional information. It also allows the
measurement of 3D coordinates, also called motion capture.

The use of the UAV together with a specific photogrammetric software allows to obtain
digital models, 3D objects, point cloud, orthomosaic and calculation of surfaces and volumes of
preparations with the great benefit of having this information almost instantaneously.

From the forensic point of view, it becomes relevant in the survey of crime scenes in a
broad sense, such as road accidents, where it is of criminal and legal interest, the morphology,
measures and distances of the braking tracks, the location of obstacles in visibility, 3D modeling
of vehicles detailing the impacts, deformations and precise location in the event scenario.

Spherical 360 photography and scene degradation.


Spherical or also named “360 cameras” can capture the crime scene quickly and
accurately, shortly after agents arrive at the scene. This minimizes what is known as scene
degradation, which begins to occur immediately after the crime is committed (through
unavoidable movements or environmental changes within the space).

The use of 360 photography translates into the possibility of almost completely avoiding
the need for visits in person, at a crime scene. This technique was already used in the real estate
field that allows potential buyers of a home to see the characteristics of it, without having to go to
visit it personally.

Such a technique provides the advantages of saving wasted time on visits to the places of
the events, less taxation on any family or residents of the building or space where the crime
occurred, and - crucially - the ability of investigators to visit and review the scene countless
times, when necessary.

With this new technique, we can map an entire building or area. Therefore, it is possible
to document not only the specific area where the crime was committed, but all the nearby areas,

35
creating a detailed picture of how all parties: perpetrator, victim, law enforcement officer and
witnesses interacted within the space on the incident period.

Once the 360 photograph of the crime scene has been registered, it can be turned into a
virtual tour for jurors to experience the use of a virtual reality helmet. This can be as discreet as a
simple stereoscopic virtual reality device from Google Cardboard that jurors can access through a
smartphone. In this way, jurors can observe the space in detail, comparing it with the testimonies
and other evidence presented in the Court to help them with their verdict on the case.

In the current system, lawyers can choose and choose which crime scene photos are
shown to a jury. This form of case presentation is very subjective: it becomes an exercise in
storytelling on behalf of the lawyer, which leads jurors to a perspective on crime that is far from
being objective. With a representation of virtual reality using 360° photography, there is no
creativity or selective presentation by the lawyer: what you see is literally what you get.

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Chapter VIII
Forensic Expertise in Venezuela

The forensic expertise is the work carried out by the experts, following certain procedures
for which they must have certain scientific, artistic, technical or practical knowledge, informs,
under oath, the judge about litigious points as they relate to their special knowledge or experience
That is why authors define the expert as any person to whom technical-scientific capacity is
attributed, or practices in a capacity or art.

Because of this, we have the expertise, it is the operation of the specialist, translated into
specific points, into reasoned inductions and operations issued, as is generally said, according to
his "loyal knowledge and understanding", and where conclusions are reached concrete, is the
procedure used by the expert, to carry out its purposes; it is the procedural act, in which, the
technician or specialist in an art or science (expert), after examining a person, of a conduct or
fact, thing, circumstances, effects, etc., issues an opinion, containing his opinion , based on
technical reasoning about what your intervention has been requested for.

Forensic expertise is the result of the different methods used by the expert in handling the
evidence or traces of them left at the scene of the crime, it is the ultimate work put in black and
white to be estimated by the judge.

However, forensic expertise in our country does not have the definitive probative value,
which perhaps in other laws it does have. The expertise, in general terms, is another means of
proof according to our Law. There are tests that have an absolute value and that is what is called
"legal or appraised evidence"; this test is that test that has absolute probative value, that is, it is
worth by itself to prove what you want to proof, what the British doctrine calls “the smoking
gun”. For this reason, it is that the probative value of the forensic expertise is relative, because for
it to be of legal value it will depend on the judge's estimate that it has to analyze it.

If we analyze article 1.427 of Civil Code, which refers to the valuation rule when it states
that the probative force of the forensic expertise will be estimated (and this is the valuation rule in

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criminal matters that does not exist in civil matters) by the Judge observing the personality of the
expert, which has to do with the knowledge that this person has, their moral condition and the
scientific foundations on which the opinion is based, their uniformity or disagreement with others
that have been issued in the process and their agreement with the result of the questions that they
would have been done by the Judge, the Prosecutor or the parties and other existing evidence in
the records. This same article says that when the Judge does not accept what the expert report
says, he must finally say, the reasons why he does not agree with the expert report or why he
takes some part and the other part dismissed it.

In criminal matters, according to the Organic Criminal Procedure Code, the legislator
establishes a valuation rule for the Judge, that is, it tells him how he will estimate the expertise in
criminal matters and also gives him the power to take what the report says or take just part of that
report.

This can be explained because in civil matters the Civil Judge must abide by the
allegations and approved in the file, since such Judge cannot use any evidence that the parties
have not brought to trial. In criminal matters this does not happen, it is the Judge who establishes
what are the tests that can be evacuated or carried out for the clarification of the facts, and also
the Judge in the plenary stage, where the parties intervene to be their allegations and present its
evidence, and of those evidence presented by the parties, the Judge can take all the expertise and
rely on it to sentence or take part in it.

In Venezuela, those who are responsible for practicing crime as a science in the fight
against crime are the Scientific and Criminal Investigations Corps (CICPC) and the Bolivarian
National Guard (GNB) and to a lesser extent the Scientific Technical Department of the
Prosecutor's Office General of the Public Ministry, the latter a theoretical advisory body for the
prosecutors of the aforementioned institution.

It is necessary to clarify that the disciplines that are part of the crime science, are very
varied, however, in this work we are dealing with the areas of operation of this science that are
currently applied in the forensic laboratories of the country, that is why divided into

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fingerprinting, microanalysis, Planimetry, Documentology, Photography, Appraisals, Technical
Inspections, Investigation of Claims, Ballistics, Genetic Analysis and Expertise of Vehicles,
between these disciplines the field work and the laboratory work are divided.

In this way, criminalistics makes their contributions to the investigation since not all
methods are applicable in each crime scene, each application is individual from the scientific
perspective and that is why there are analyzes that are applied and performed inside and outside
the areas of the laboratory, which in turn conform it in field criminalistics and laboratory
criminalistics.

Field Criminalistics
According to Posada (2002, p.07), it is the one that “is practiced at the scene of the event,
at the scene of the crime, is the most dynamic and publicly recognized section of criminal science
and the function it performs is to achieve findings of physical evidence of interest derived from a
criminal act.

The work of the expert in any forensic expertise is the first source that provides more data
and information related to the criminal act, not only finds the evidence at the site of the event,
but, the police officer when applying the crime detects, protects, collects and packs the physical
evidence located in the place of the event, in the body of the victim, in the means of commission,
in the body of the author or in the different sites related to the crime.

This is the reason why a new working methodology must be put into practice and the use
of new technological instruments in criminal laboratories where forensic expertise will be carried
out, since investigative officials do not know in depth the new advances in high technology
which is developed by other law enforcement agencies worldwide and the specialists are not
properly trained to analyze them.

Laboratory Criminalistics
This is the part of the forensic expertise that is carried out in the forensic police
laboratory, where the samples taken by the experts at the crime scene are analyzed.

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Posada (2002, p.09) says that the crime laboratory “is the place where the evidence's
expertise is carried out and in turn has the function of performing the analytical verification of the
physical objects collected at the site of the event and contrasting them with those seized from the
author, in the body of the victim, in the media of commission and other places related to the
crime in order to locate a common source of origin.”

Types of Forensic Expertises


There are basically three types of expertise:
Civil Expertise: Verification of mental insanity or physical defects related to civil
capacity, verification of manifest impotence, which may lead to ignorance of parental filiation,
verification of pregnancy and post natal fetal vitality, diagnosis of diseases in opposition to
marriage.

Labor Expertise: Examinations in cases of trials for occupational accidents and illnesses,
with determination of their nexus and evolution of temporary or permanent disability, or in cases
of ignorance of maternal jurisdiction in cases of pregnant workers.

Criminal Expertise: The purpose of the criminal expertise may refer to the body of the
crime, the accused, or the victim or taxpayer of the crime, witnesses, etc. Among the criminal or
forensic expertise are Physical Expertise, Traumatological Expertise, Gynecological Expertise,
Tanatological Expertise, Psychiatric Expertise, Sexological Expertise, Toxicological Expertise,
Dental Expertise.

The forensic expertise may be estimate as evidence by a Judge in a process as long as the
result must be reinforced with the saying of the expert who performed the exam, that is, the
expert must corroborate the process with the forcefulness of his expertise. On the other hand,
article 22 of the Organic Code of Criminal Procedure, states, that “the evidence will be assessed
by the court according to its free conviction, observing the rules of logic, scientific knowledge
and the maximum experience.”

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In Civil matters the provision contained in the Civil Code is applicable, in its article
1427, which provides: "Judges are not obliged to follow the expert's opinion if their conviction
opposes it." With this article to the Judge is allowed not following the opinion of forensic
medical experts, if his conviction opposes it, as explained above in this study.

Forensic Medicine
Forensic Medicine is an auxiliary science of Criminal Law, which is responsible for
studying everything related to a crime, analyzing the causes and possible implications that a
crime may have, analyzing the evidence in order to reach the conclusion of what happened in the
crime scene.

When a punishable act is committed, we must determine whether we are in the presence
of a homicide, a suicide or an accident. If we are facing an accident there is no crime to punish,
there will also be no crime if it were suicide, in this case what could be sanctioned is the
induction for the deceased to take his life. But if it were a homicide, the causes in which it was
committed should be investigated, so that it is determined whether that homicide is malicious,
guilty, concasual or pre-intentional, etc. And so determine the guilt and imputability of the person
who committed it. This is what Forensic Medicine is for.

Forensic Medicine is important because it will determine whether or not a person is


involved in a punishable act that has been committed. And, therefore, it is necessary to determine
what happened through forensic medicine.

Forensic expertise is practiced by the Corps of Criminal and Criminal Scientific


Investigations (CICPC); through forensic experts, which can be: forensic doctors, accounting
experts, ballistic experts, forensic photography experts, experts assessing precious objects, such
as works of art, jewelry, etc. Depending on the crime to be analyzed, an expert qualified by your
profession will be necessary.

Forensic medicine is classified in: forensic tanatology, forensic psychiatry, criminalistics,


deontology, asphyxiology, toxicology, obstetrics, gynecology and forensic traumatology.

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Forensic Tanatology.
The word Tanatology is formed with two greek words: tanatos ("death") and logos
("treated" or "science"), is the part of Medicine in charge of studying the changes of the human
body from the loss of the life until its disintegration.

Forensic Tanatology is a branch of Forensic Medicine that is responsible for the study of
the corpse, as well as the reductive or conservative changes that the body presents over time.

Forensic tanatology explains what happens to a body after death, and distinguishes several
stages in its decomposition process:
• Chromatic, in which there is a change in the color of the body due to the rot of the
proteins that integrate it.
• Emphysematous, when bacteria invade the body and generate substances, as well as gases
that cause what we commonly know as body swelling.
• Iricoefactive, in which brain and viscera disintegrate, giving way to a foul and sticky
mass.
• Skeletonization, when only bones remain.
• Reduction, the process by which the bone becomes dust.

Forense Psychiatry.

Psychiatry as a part of medicine is a science that studies the normal and abnormal
behavior of a person, its task is study, diagnosis, treatment and prevention of behavior disorders
and mental pathologies, in which many other factors have influence, among this exist genetics,
physical, chemical, psycologic and socio-envirommental factors.

The psychologist role is objective, doing his homework through a basic instrument such
as a psychiatric interview, and a mental review, to put on as base the opportunities of using back
up instruments like psychologic tests and other sources of information.

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Forensic Psychiatry implies Psychiatric Medico-Legal knowledge, where clinic psychiatry
transforms in a aplicable language with a common goal, to colaborate with in the different legal
areas: penal, civil, family, labor, answering to the questions of the legal authorities, being the
psychologist considered the expert. The psychologist has to make a written report in which the
mental capacity is established, many people would consider this as an element of the process, to
direct its legal conduct. The experts when writing the evaluation might interfere again with the
process when he adds up the document, or with his active participation in the debate and this is
requested by the dispatch. The use of forensic psychiatry implies posibles aplications that involve
health cares in the job until Criminal Justice and Public Safety.

Criminalistics.
It is the science that studies what has to do or is related to the pólice investigations. The
criminalist is the expert who works with the CICPC. Criminalistics will study all the objects,
elements, substances and people that can help clarify a fact. For example; if the punishable act
occurred with a firearm, said firearm must be sought and found; if the event occurred due to
hanging or poisoning, a circumstance that will be determined according to the respective
evidence. When a police investigation begins, no hypothesis is ruled out: Accident, suicide,
homicide; which means that in case of an accident, for example, it will be distorted from said
case if there are injuries, violations, or any other circumstance that can be determined.
Criminalistics studies facts, subjects and objects that are involved in a punishable act.

According to the World Criminalistics Association (1963), this "is a science or discipline
that is responsible for the observation, recognition, identification and individualization of
physical evidence with the help of natural sciences applied to the criminal law field."

Dr. Dimas Oliveros Sifontes, points out that in a very broad, criminalistic sense, it would
be “the set of procedures applicable to the search and the material study of the crime to arrive at
the test”.

Dr. Luis Rodríguez Manzanera (2008, p.15) in his book "Manual of Introduction to
Criminal Sciences", indicates that "the purpose of criminalistics is the discovery of the crime, the
offender and the victim who harmed the crime".

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On the other hand, Montiel, (2009, p.21) in his "Manual of Criminalistics", makes the
following definition, "criminalistics is an auxiliary criminal science that by applying its
knowledge, methodology and technology to the study of material evidence, discovers and verifies
in a scientific way the existence of an allegedly criminal act and those responsible for it,
providing evidence to the bodies that seek and administer justice. ”

This science is responsible for the study of evidence of any kind in the respective
laboratories or at the site of the event, depending on the case presented, all his work corresponds
to the application of the basic sciences of scientific work such as biology, physics and chemistry,
as well as help from countless disciplines that have some method that helps identify the criminal.

Deontology
It refers to professional ethics; which means the professional who is conducting the
investigation; that it can be a doctor, a gynecologist, a psychiatrist, a coroner, an accounting
expert, an evaluation expert, a traffic expert, or others; it is presumed that he acts impartially, that
is, what he records in his expert report is true, true and that it tends to determine and prove that a
punishable act was committed and that the persons involved are probably third parties, a new
person. Forensic Ethics tries to make the expert result the true truth; but it can be distorted by
subsequent circumstances. If this is the case and an expert evidence is distorted; that expert has to
be crossed out as a witness in the criminal procedural debate, because his expert evidence is not
reliable, it is not valid, it is vitiated; so we will have to perform another.

Asphyxiology
There are two types of asphyxiology or death due to asphyxiation: Mechanical
asphyxiation and classical asphyxiation, the latter clinics without relevance in the study of
forensic medicine, because generally people suffer from a disease that makes presume that their
death will occur product of that circumstance; such as coronary heart disease, blockages in the
arteries or atherosclerosis or other causes. Mechanical asphyxiations are the object of study by
Legal Medicine, since they are produced by foreign objects, which are not inherent in the human
body, such as hanging, strangulation, submersion and suffocation. What can lead us to be in the

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presence of suicide; of a homicide, in which case it will be necessary to distort that behavior,
determine it, analyze it, to make sure if the asphyxiation actually occurred by a third party or is a
case of suicide. Hanging is more frequent in men, regardless of whether it is in the rural or urban
part and can be carried out with a rope, a belt, or other material. The person gets an object with
which he will perform an oppression of the trachea, completely or incompletely; symmetric or
asymmetric The hanging will be complete, when no object prevents the person from falling on
the entire weight of his body and is completely isolated from any object would be tables, chairs,
furniture.

The hanging will be incomplete when it has had a foothold such as legs, buttocks, or any
other part of the body.
The hanging is symmetrical when the knot where the hanging is made in the front or in
the back of the trachea.

The hanging will be asymmetric when the knot is located on the sides of the neck, of the
head. The groove is incomplete since the knot does not allow it to be complete as in the previous
case.

Forensic Toxicology
Forensic toxicology is the branch of toxicology that studies legal medical research
methods in cases of poisoning and death. Many toxic substances do not generate any
characteristic lesion, so that if a toxic reaction is suspected, visual investigation would not be
entirely sufficient to reach a conclusion.

A forensic toxicologist should consider the context of the investigation, particularly any
physical symptoms that have arisen, and any other type of evidence collected at the scene of the
crime that may help clarify it, such as containers with medications, dusts, residues and other
chemicals available. With this information and with the evidence samples, the forensic
toxicologist must then determine which toxic substances are present in them, under what
concentrations, and what the effects of these substances would be on the human organism.

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In the toxicology an analysis of the victim in their digestive parts should be done, to see
what was the object or substance that caused the death of the person and the amounts that were
supplied or could have consumed.

For Toxicology, it is important to take samples of blood, lung, liver, heart, brain, kidney,
base and skin of the victim or of the people involved in any criminal act, to determine the
possible substances they have consumed, such as for example, alkaloids, narcotic substances,
hallucinogens or others that will allow the expert to get closer to the reality of how the events
under investigation occurred.

Forensic obstetrics and Forensic Gynecology


Forensic Obstetrics; It is the branch of legal medicine that is responsible for the
application of medical knowledge about pregnancy and birth to situations of legal implication.

Forensic Traumatology
"Traumatos" is a Greek root that means "injury", "wound", from which traumatology is
the study of injuries or wounds. It is a term that has really been taken very lightly in practice,
since people understand that traumatology refers to nothing but bone injuries.

The traumatologist is the specialist of bone lesions, but traumatology worldwide is any
lesion no matter where it occurs; also from the legal-legal point of view, "traumatology" is not
only those injuries that can be seen or observed; the injury can be Psychic, which is not seen, but
manifests itself in the behavior of the individual; this type of injury can affect a nerve, a tendon, a
ligament and cause a person to become paralyzed or disfigured without visible external injuries.4

Now, while it is true that currently all police corps are investigative corps in criminal
matters, it is no less true that the main one of these police corps is the Criminal and Criminalistic
Scientific Investigation Corps, it is who is responsible by excellence of criminal investigations,
applying all the technical, scientific and legal knowledge, which Criminalistics uses to obtain its
purposes.

4 https://derechovenezolano.wordpress.com/2014/05/12/traumatologia-forense/

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This Police Corps, in order to achieve its goals that are initially the recognition,
identification, individualization and evaluation of physical evidence, has equipment such as:
1. Scanning electron microscope.
2. Transmission electron microscope.
3. Optical microscopes.
4. Polygraph. (popularly known as a lie detector)
5. Gas chromatograph, for inorganic substance analysis.
6. Trigger trace analysis (ATD), physical technique with X-rays, to locate solid waste and
concentration analysis of the elements that make up the powder; nitrate, nitrite, lead, etc.
7. The infrared spectrophotometer, for organic and some inorganic micro samples.
8. The ultraviolet and visible light spectrophotometer.
9. Special activations, for tracks and traces on special supports.
10. The voice and sound spectrograph.
11. Metallic equipment by ionic bombardment.
12. X-ray dispersive energy spectrometer.
13. Trichology, to perform structural and biological studies of hair appendages.
14. Nitrite tests for clothing.
15. Instrumental analysis, for studies of the properties of evidence such as: energy,
electricity, and volume-mass ratio.

As can be seen from the previous list, the forensic laboratory of the Criminal and Criminal
Investigation Department does not have the latest technology, so the work of experts is presumed
to be quite difficult to accomplish.

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Chapter IX
Reviewing the work of some forensic laboratories in the world.

Technological advances always go hand in hand with bulky budgets, which sometimes
governments in some countries cannot assume, however, it was considered appropriate for this
study to review the treatment they give to Criminal Science in other continents, as an illustrative
way of comparing the work done by each forensic laboratory in your country.

Thus we have, that in the opinion of Haarkotter (2018) in his degree work called the
Criminalistics Laboratory and its Implementation, he shows us in a broad way, as they work in
some forensic laboratories, depending on the continent where they are located, and he explained:

In the European Union.


When talking about the Criminalistics laboratory at European Union level, we
must refer to the ENFSI, the Eurpean Network of Forensic Science Institutes, whose
purpose is to create a network of experts and share knowledge, experiences and
agreements in the field of Forensic sciences, being recognized as a preeminent voice
around the world by ensuring the quality and development of forensic sciences in Europe.
ENFSI activities include organizing scientific meetings, collaborative studies and
proficiency exams, fostering cooperation between forensic science professionals and
publishing manuals of good and best practices (ENFSI, 2018a). The website itself
contains a list of members, 68 in 39 countries, with the only access requirement of having
50% of the processes carried out by the laboratory accredited (ENFSI, 2018b).
North America.
With the analysis of North America, we have to refer to the United States and
Canada. Since the United States constitutes a federal state, the need arises in the country
to coordinate the forensic laboratories of the different states, entrusted to the American
Society of Crime Laboratory Directors (ASCLD), which since 1973 is responsible for
promoting professional interests, helping to the development of Criminalistics
laboratories, acquire and disseminate information on forensic sciences, maintain and
improve communications between laboratories, and promote, develop and maintain

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standards (ASCLD, nd). The New York State Police, Idaho State Police, Kentucky State
Police, Oklahoma State Bureau of Investigation, Illinois State Police, Minnesota BCA,
US Secret Service, Arizona Dept. of Public Safety, Jefferson Parish Sheriff's Office, NMS
Labs are members of ASCLD, Chandler Police Department, Boston Police Department
and the Virginia Department of Forensic Sciences.
For its part, the Royal Canadian Mounted Police has three forensic laboratories in
Vancouver, Edmonton and Ottawa, which develop the services of Biology (fluids, hairs,
DNA), Toxicology (drugs and poisons), Traces (paints, accelerators, fibers, textiles,
plastics, building materials, explosives), and firearms and instrumental brands (Royal
Canadian Mounted Police, 2017).
South America.
The Ibero-American Academy of Criminalistics and Forensic Studies (AICEF)
was created with the objective of bringing together the maximum possible number of state
and official laboratories related to the forensic sphere, in five areas: Forensic Physician,
Biology and Forensic Chemistry, Forensic Technique, Law and Science Legal, and
Bioethics, having the section of Chemistry and Forensic Biology the working group
already constituted in GITAD (Ibero-American Group of Work in DNA Analysis).
AICEF also aims at training, the unification of methods and techniques, the development
of good practices and the establishment of inter-laboratory controls, also collaborating in
the creation of the Ibero-American Institute of Criminalistics, Criminology and Science.
The main difficulty that has been had when preparing the previous information is
the different denomination that the different laboratories give to the services related to
forensic sciences. For example, we can find some laboratories that speak of "Forensic
Chemistry", others of "Toxicology, Fire, Explosives, Drugs" or different combinations of
all of them.

In this work, Haarkotter (2018) presents a fairly clear analysis of what works in these
forensic laboratories, which are responsible for carrying out work in a wide range of scientific
specialties, in many cases technology has allowed such laboratories to comply with a more
suitable and effective role in the resolution of criminal investigation cases because of a criminal
act.

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It can be inferred from the aforementioned author's work, the great disproportion that
exists between countries in terms of the services offered by their forensic laboratories and the
scientific police, since according to the author's opinion, in many countries of South America a
lot of specialization could be observed in the branch of forensic biology; However, in countries
such as the United Kingdom or Germany, there is a near-specialization of forensic laboratories in
the field of breathalyzer, of course closely linked to road safety.

This shows us that each region adapts to the criminal reality prevailing in each country,
and of course, to the budgets that governments have for that area, since not everyone can have a
forensic laboratory of the size of the FBI in The United States of America, whose service manual
is very broad, covering almost all existing disciplines in criminology.

In this sense, concludes the author Haarkotter (2018), after having explained extensively
all the general objective that he presented in his work, and that we have mentioned it here,
because we consider necessary the training of professionals in the field of criminalistics, training
them from academies or universities, through which they can be updated in the methods of study
and innovative procedures to perform the work of an expert, as well as the update in the use of
new and innovative technologies that appear, every day with greater frequency . The mentioned
author pointed out:

Laboratory Criminalistics is one of the cornerstones of Justice in establishing and


determining the nature of a clue that can enervate a fundamental legal good such as a
person's presumption of innocence. That is why the practical training of future
criminologists in this area is fundamental, at the same time that it is intended that in the
future it will contribute to the strengthening of this discipline, since science cannot be
bound to stagnate; On the contrary, scientific work demands the constant search for an
exact and precise knowledge, of new forms of research, of bold hypotheses; In short,
know and know.

From the above, we can conclude that it is of great importance that the governments of the

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countries realize the need to provide their respective investigative police corps with the necessary
resources to strengthen forensic laboratories, both in the human part, with the development of
training plans for scientific research officials, as well as the provision of the necessary elements
and equipment for those who carry out their research work more effectively and quickly.

This statement is based on what we have already pointed out throughout this study, that a
good justice administration system goes hand in hand with professionals specialized in criminal
science, as well as well-equipped forensic laboratories, with technology last generation, given the
importance of forensic expertise in criminal proceedings, since it is the starting point of the
investigation of a criminal act, allowing judges to approach the reality of the facts and then issue
a sentence.

As an example, we must say that 3D virtual reconstruction is used since December 2010
by chamber prosecutors of the province of Córdoba of the Argentine Republic to illustrate their
theory of the case at the stage of the allegations. These computerized recreations of the event,
prepared by the Office of Virtual Reconstruction of the Judicial Police, are projected in court in
order to achieve a mental representation of the criminal act coinciding with what was verbally
stated by the representative of the public ministry during his allegation.

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Chapter X
Field Test and Survey

Type and Level of Research.

Based on the characteristics of the present study, whose General Objective is “Forensic
expertise and new criminal investigation techniques based on new technologies”, it was
considered convenient to conduct an investigation or field work, with the objective to illustrate
the main point of this study, for which it was considered appropriate to collect experimental
information through a very current resource that are social networks, collecting directly from
reality, that is, from a group of lawyers in criminal matters, allowing the researcher to ascertain
the true conditions in which the data obtained are found.

Considering that the sources that were used to gather the information are of great
relevance for the study, the research is considered a study under the field design, with
documentary basis, for the development of the theoretical framework that underpins the present
research project.

Population and Sample Test

In the present work, the population in which the study will be carried out will be framed,
in practicing lawyers in criminal matters, during the year 2019. Since the census sample
corresponds to twenty-five (25) lawyers in practice in criminal matters, graduates from different
universities; that for Ramírez (1997). “It is the one where all the research units are considered as
samples” (p.8).

Data Collection Instrument

The instrument used for data collection was a questionnaire of closed questions,
containing categories or response options that have previously been delimited; that is to say, the
possibilities of answers are presented to the participants, who must take advantage of them. Said

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instrument will be structured by seven (7) items. A copy of the survey is attached in the Annexes
part.

In this regard, Ge Brions (1996) expressed himself as follows “… The questionnaire is the
main component of a survey. In this regard, it has been said that no survey is more than your
questionnaire. However, there is not, so to speak, a theory that tells us how to prepare. On the
contrary, its construction is rather the expression of the researcher's experience and common
sense” (p.61).

Questionnaire Data Analysis Technique

At this point, it should be noted that to analyze and understand the data that will be
collected, the first steps will be their classification and tabulation. The analysis of the data
establishes that the information must be tabulated, ordered and subjected to treatment by
techniques, descriptive statistics and then the results of the analysis can be presented through
tables, tables, diagrams, graphs, among others.

In the present research study, the collection, organization, presentation, analysis and
interpretation of the results will apply the Kuder and Richason scale, by means of the analysis of
percentage descriptive statistics; therefore, all data will be processed with the results obtained by
the researcher, in terms of frequency and percentage of response. The results will be processed in
graphs and tables.

53
Chapter XI
Analysis of the Results

1. Do you think that new technologies should be used in forensic expertise for their
execution?

Table No. 1
Alternative Answers Number of respondents Percentage (%)
Always 17 68
Never 0 0
Sometimes 8 32
TOTAL 25 100%

It is observed from the previous table, that the majority of respondents consider the incorporation
of new technologies in forensic expertise important. It is clear that for society the advantages
offered by new technologies in almost all social fields is of great importance. Every day
technology is covering more and more fields, with the premise of offering speed, certainty and
efficiency, therefore in the forensic field its use is more than convenient.

54
2. Do you think that the new techniques and technological advances used in forensic expertise
offer greater certainty to the results?

Table No. 2
Alternative Answers Number of respondents Percentage (%)
Always 15 60
Never 0 0
Sometimes 10 40
TOTAL 25 100%

On the question asked, the majority agreed that the use of new techniques and technologies in
forensic matters offer greater certainty in the results. However, a large percentage of respondents
were not sure about this.

3. Do you consider that the use of new techniques and technologies of the latest generation in
forensic expertise allows to obtain the results faster?

55
Table No. 3
Alternative Answers Number of respondents Percentage (%)
Always 12 48
Never 0 0
Sometimes 13 52
TOTAL 25 100%

Respondents in this question are almost even, as to whether the use of new technologies offer
faster results, that can be explained because currently in the country there are still no equipment
used to speed up the results of the expertises, for procedural and logistical reasons that exist in
current forensic laboratories.

4. Do you think that if new technologies are used in forensic expertise in the country, the
unresolved cases in justice would decrease?

Table No. 4
Alternative Answers Number of respondents Percentage (%)
Always 13 52
Never 6 24

56
Sometimes 6 24
TOTAL 25 100%

The majority of respondents are satisfied that the use of new technologies in forensic expertise
would contribute to the solution of cases that are still in court. It is clear that the administration of
justice is full of unsolved cases due to causes derived from expert failures due to lack of new
techniques and equipment suitable for its realization.

5. In your professional practice do you know if new techniques and technologies were used in
forensic expertise?

Table No. 5
Alternative Answers Number of respondents Percentage (%)
Always 4 16
Never 10 40
Sometimes 11 44
TOTAL 25 100%

57
Here we see clearly the shortcomings currently undergoing our forensic laboratories and
scientific polia, since most respondents did not experience in their professional practice, the help
of new tennologies by the experts who performed the expertise.

6. Do you think that the use of new technologies in the practice of a forensic expertise is the
responsibility of the expert?

Table No. 6
Alternative Answers Number of respondents Percentage (%)
Always 9 36
Never 5 20
Sometimes 11 44
TOTAL 25 100%

58
This question is relevant, because we wanted to know if the respondents knew whose
responsibility it was to provide forensic laboratories with new technologies, since the result
showed that the expert was responsible.

7. Do you think that new technologies and investigative techniques should only be used in the
case of homicide or death cases?

Table No. 7
Alternative Answers Number of respondents Percentage (%)
Always 10 40
Never 1 4
Sometimes 14 56
TOTAL 25 100%

59
A large percentage of respondents felt that the use of new technologies should only be used in
important cases such as homicides or when there was a death at the crime scene, this is explained
because most people still do not know that technology can be used in all kinds of crimes, even
the most traditional.

60
Chapter XII

Theorization. Technology is the necessary tool for criminal investigations that brings
efficiency, speed and certainty to forensic expertise.

In this part, it is necessary to highlight the opinion of Morales (2011) when he expresses
“theorizing is the highlight of the research since it is the moment in which the scientific act is
performed, doing science and generating knowledge” (p. 21). You can only build a good theory
by exercising creative imagination.

All research begins with the collection of information related to the topic to be
investigated. It is enough just to review the journals and scientific bulletins issued by universities
and academies on the Internet so that we realize that every day technology advances at a speed so
sometimes dizzying, that society has a hard time keeping up, being sometimes a few years
behind. However, despite the foregoing, technology and scientific advances are still vertiginous.

The purpose of this study is to demonstrate that technology and new scientific discoveries
are an ally that will bring great advantages to society, in all areas in which man developed,
including of course the field of criminal investigation.

Technology must be used in criminal investigation as it is used in other areas of today's


modern society. It is inconceivable that a modern society, in which every day we see
technological advances in various areas, such advances have not been incorporated into criminal
investigation, especially when we see that crime is mutating as technology advances, even faster
of what society moves.

While it is true that in the big cities of the first world, the use of technologies and new
advances are already a reality, it is no less true that we still see how in developing countries
traditional criteria for resolving criminal cases, which greatly damages the administration of
justice, since for the verification of a fact under investigation sometimes it could not be obtained
without the use of some technology.

Nowadays, the use of new technologies in judicial matters results in the dynamism of the

61
criminal process, since, for example, facial reconstruction or virtual reconstruction of the crime
scene, allows the judge to have a clearer idea of the In fact, it gives you the possibility of
representing what happened interactively, being able to review the crime scene multiple times,
without leaving your desk, because with a set of animations you can recreate the scene in the
form of a virtual movie, allowing you to understand better what happened, and therefore, get
closer to the reality of the facts and then issue its ruling.

It is important to note that the technology and resources available today, as well as the
detailed work carried out by the Criminal Investigations Corps, through its different experts,
reveal the prevailing need to update the technological resources provided by said Corps, which
despite having highly qualified personnel, are sometimes tied hands when performing the
expertise, due to the lack of equipment and infrastructure necessary for the full development of
their functions.

Thanks to the research work done, we could realize that technology has a place in all
kinds of crimes, even the most traditional can benefit from the use of new technological
advances. As society progresses, crime has transformed its modus operandi, and has been
adapting to an increasingly technological society. The potential harmfulness of the use of
computer or electronic instruments for the commission of crimes, as well as the serious difficulty
of their prosecution by traditional investigative means, are criteria that must necessarily be
considered by the judicial body when allowing the use of certain special means of investigation,
even in those cases in which the offense could be accompanied by a "non-serious" penalty, since
it may be that such technological investigation measures are the only ones suitable for obtaining
relevant data for the discovery or verification of the fact investigated or for the identification of
its material author, which could not be obtained through another less burdensome means of
investigation.

It was possible to observe from the investigation of this study, the great differences that
exist in the countries in relation to their scientific police and forensic laboratories. Well, not
everyone has a service manual as comprehensive as they should be, since many of them do not
have the necessary equipment and techniques, which creates a huge disproportion in terms of

62
crime statistics. It is also necessary to clarify that each country adapts to its forensic laboratories
and scientific police according to the crimes that are committed, for example in many Latin
American laboratories we find some specialization in forensic biology, while in the United
Kingdom or Germany we find that their laboratories Forensics are statistically more developed in
services dedicated to breathalyzer, intimately linked to road safety.

Consequently, technological advances in forensic sciences provide a large number of


valuable instruments for the improvement of criminal investigation, and the application of
technologies in the criminal police laboratories of the scientific police becomes in practice an
extension of the capabilities of the crime scene expert, allowing more effective and accurate
investigative work for criminal proceedings.

Due to the importance that the use of technology contributes to criminal investigation, and
once the diverse opinions of authors on the subject have been studied and analyzed, it is
necessary to outline some considerations that we believe should materialize in the not too distant
future in our society.

In the first place, the benefits obtained with the use of new technologies and technological
advances in criminal investigation are undeniable. Concepts such as efficiency, certainty and
speed, are the most outstanding achievements that provide the use of technology in forensic
expertise.

So, it is convenient to highlight that when we talk about new technologies, we are talking
about electronic or technological equipment and devices that mean the investment of large
amounts of money, since most of these advances are made by companies and laboratories located
in economies of the First world. However, we believe that the applicable term would be
investment, since the acquisition of last generation equipment will always be an investment for
every forensic laboratory, although its benefits are not reflected in money, but in time and
certainty.

According to this, it is recommended that the authorities in charge of budgeting what is


destined to the different police and scientific corps and their forensic laboratories, deepen more in

63
the budgetary justifications so that the government can provide the necessary resources for these
purposes.

Likewise, it is recommended to include in such government budgets, a good part for the
training of personnel of the different scientific police corps, as well as those belonging to the
Public Prosecutor's Office, in order to have professional human resources in the various
disciplines of forensic sciences, that can improve the investigation procedures in the criminal
process.

Of course, the incorporation into our criminal process of the use of new technologies in
the realization of forensic expertise should be accompanied by an adaptation of the current legal
system, since it is estimated that some laws will need to be elaborated so that the use of
technology, as in the case of computer crimes, in order to avoid the existing legal gaps in that
matter, and that for this reason jurisprudence enters the scene to replace this fault, but as is
known, it does not always arrives on time.

Given the rise in the use of new technologies in various forensic laboratories in first world
countries, cooperation between the different scientific police forces is recommended, so that there
is an exchange of knowledge of the new criminal investigation techniques, since such
cooperation It could be accompanied by the inclusion of our scientific police forces to the
different Academies of Forensic Sciences, which exist both in North America and in Europe.

Finally, it is considered necessary to stimulate the initiative in the different universities or


institutes, to create more workshops, courses or specializations in the field of the different
disciplines of forensic science, in order to have more options to improve the academic level of
professionals, and which will directly affect the improvement of forensic laboratories and
therefore the administration of justice.

64
Glosario de Términos

Alternative Light Photography


One of the quickest ways to detect whether damage has
been done to a body before it even surfaces on the skin,
alternative light photography is used by forensic nurses
and can sometimes mean the difference between life and
death
American Academy Forensic multidisciplinary professional organization that provides
Science leadership to advance science and its application to the
legal system. The objectives of the Academy are to
promote professionalism, integrity, competency,
education, foster research, improve practice, and
encourage collaboration in the forensic sciences.
Automated Fingerprint allowing forensic scientists to compare fingerprints
Identification found to an extensive digital database
Digital Surveillance For It will give authorities access to hidden files on Xbox
Gaming Equipment hard drives and can also record access sessions to be
used as evidence in court
DNA Sequencing is used to identify both criminals and victims by using
trace evidence such as hair or skin.
Drug Testing to identify unknown substances, whether in powder,
liquid or pill form
Facial Reconstruction is the process of recreating the face of an individual
(whose identity is often not known) from
their skeletal remains through an amalgamation of
artistry, anthropology, osteology, and anatomy
Forensic Carbon-14 Dating used to identify the age of unknown remains for
anthropological and archaeological findings.
Forensic expertise The term ‘forensic expert’ is used to refer an expert
witness who testifies or gives forensic related opinions at
a dispute resolution trial or hearing by virtue of his/her
specialized knowledge
Forensic laboratory Crime laboratories are scientific laboratories that
examine physical evidence in criminal cases. These labs
generally use forensic science to examine evidences.
After examination, they provide reports and opinion
testimony. The testimony and reports are presented
before a court of law
High technology the most advanced technology available
Keylogger keyboards use of computer programs (software) capable of
duplicating the telecommunication information and the
contents of the files of one terminal in another (the public
investigator with judicial authorization) with the object
of obtaining such information to verify or discard the
criminal hypothesis in which the criminal investigation

65
consists.
LA-ICP-MS Laser Ablation Inductively Coupled Plasma Mass
Spectrometry
Link Analysis Software software looks at financial transactions and the profile of
the customer, and using statistics it generates possible
illegal behaviour
new criminal investigation All new techniques that involves the study of facts that
techniques are then used to inform criminal trials
Phenom SEM for Gun Shot Residue allows crime labs to search for
gunshot residue particles
Spherical 360 photography can capture the crime scene quickly and accurately,
shortly after agents arrive at the scene
UAV Drone Unmanned Aerial used with great success as a complement to Geographic
Vehicle VANT Identification Systems (G.I.S.) and in photogrammetry

Virtual Reconstruction 3D animation


Techniques

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ATTACHED

Field Test Survey

Nro. Question Alternative


Always Sometimes Never
1 Do you think that new technologies should
be used in forensic expertise for their
execution?
2 Do you think that the new techniques and
technological advances used in forensic
expertise offer greater certainty to the
results?
3 Do you consider that the use of new
techniques and technologies of the latest
generation in forensic expertise allows to
obtain the results faster?
4 Do you think that if new technologies are
used in forensic expertise in the country, the
unresolved cases in justice would decrease?
5 In your professional practice do you know if
new techniques and technologies were used
in forensic expertise?
6 Do you think that the use of new
technologies in the practice of a forensic
expertise is the responsibility of the expert?
7 Do you think that new technologies and
investigative techniques should only be used
in the case of homicide or death cases?

69

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