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PSCSC/ICSC/005/20-21

Dec 20

CI

EXAMINING THE APPLICATION OF FORENSIC EVIDENCE IN CRIME

INVESTIGATION IN UGANDA

INTRODUCTION

1. Crime investigation is a multifaceted effort that involves the collection and

study of facts presented by a criminal act or pattern of criminal conduct. These
facts are often used to identify, locate, and prove the guilt or innocence of a
person or persons in a judicial process1 (Brenner, 2004)

2. Forensic science refers to the application of scientific facts to legal

problems. It involves the use of knowledge and techniques from scientific
disciplines such as biology, chemistry, computer, physics and many others 1.
Forensic evidence on the other hand refers to physical items obtained by
scientific methods and may include ballistics evidence from firearms, DNA from
Blood or any other body part and many others1.

3. The impact of forensic science in the criminal justice process is well

documented through both fictional and true crime media (Hickman, 2012).
Pressure on police and courts to use more objective forms of evidence and
expanded government support for crime laboratories has led to increased
reliance on forensic evidence in solving crime and achieving justice in many
jurisdictions (Hickman, 2012).

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4. In Uganda, the use of forensic evidence in crime investigation gained

increased significance in the past few years after successful prosecution of high
profile terrorism and murder cases. This resulted into increased demand for the
use of forensic evidence by investigating officers, prosecutors and judicial officers
alike. Consequently, government funding for forensic equipment, training of
experts and development of crime laboratory process manuals, procedures and
policies has been observed in the past few years to date.

5. In spite of the increased recognition and demand, there is still limited use
of forensic evidence in the investigation and prosecution of crime in Uganda
(Munduni, 2004). This study therefore aims to examine the use of forensic
evidence in the investigation of crime in Uganda. The paper will cover
Background, categories of forensic evidence, Reasons for forensic examination of
evidence, contribution of forensic evidence to crime investigation, statistics of
reported and investigated crimes and forensic evidence examined (2019),
deduction from the statistics, conclusions and recommendations.

6. This paper is written for the Chief Instructor Police Senior Command and
Staff College as partial fulfillment for the award of a certificate of Intermediate
Command and Staff Course. In writing this paper, I will rely on relevant literature
from books, journals, reports and internet. It is anticipated that the study will be
faced with a number of challenges including limited local literature on the subject
matter, time and financial constraints to access subject matter literature online

AIM

7. The aim of this paper is to examine the use of forensic evidence in crime
investigation in Uganda, with the view to suggesting recommendations

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BACKGROUND
8. There is increased recognition of the contribution of forensic science in the
administration of criminal justice in many jurisdictions. In the US, forensic
evidence is adduced in over 60% of the serious cases heard in courts (McEwen,
2010).

9. According to Ogechi et al (2019) forensic science in Nigeria is underutilized

in criminal investigations because the country’s only three crime laboratories are
underfunded and understaffed. The crime laboratories are overwhelmed with
examination requests and are generally inefficient and the detectives prefer
applying traditional methods of eye witness testimonies, circumstantial evidence,
and confessions.

10. In Uganda, forensic evidence is utilized in only a minority of serious

criminal investigations and prosecutions (Munduni, 2008). This is mainly
attributed to the small number of forensic experts and the few forensic
laboratories that are only located within Kampala.

CATEGORIES OF FORENSIC EVIDENCE

11. Forensic evidence is broadly categorized into biological, fingerprint,
weapons, electronic or printed data, drug, impressions and trace evidence
(McEwen). The two most common types of biological evidence are blood and
saliva but also includes seminal stains, urine, and perspiration. Weapons
evidence consists of firearms, their components, and knives while fingerprint
evidence will be divided into complete 10- prints (both hands and palms) and
latent prints (only partial prints of one or more fingers) (McEwen).

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12. Drug Evidence includes drugs and drug paraphernalia e.g. pipes found at a
scene while impressions evidence consists of shoeprint impressions, tire tracks,
and tool marks. Trace evidence is a generic term for small, sometimes
microscopic, material and includes fibers, hair, glass, and others; and finally,
electronic/Printed Data includes documents and electronics such computers, cell
phones etc (McEwen).

REASONS FOR FORENSIC EXAMINATION OF EVIDENCE

13. Evidence collected from crime scenes is generally submitted for forensic
examination for one or more of the following reasons. To establish an element of
the crime being investigated. For example, in cases of suspected drug abuse, the
evidence must be examined and confirmed that indeed it contains the prohibited
drug (McEwen).

14. For identification of a suspect or a victim. Fingerprints most commonly

fulfill this objective, such as when the taking of prints from an unidentified
homicide victim may lead to his/her identity. Forensic evidence can be collected
to be used as associative evidence for instance associating victims and or
suspects with one another, with various physical environments and tools or
equipment of the crime (McEwen).

15. Forensic evidence can be collected for the purpose of testing,

corroborating or verifying authenticity of statements and alibi provided by
victims, witnesses or suspects. Evidence is also often used to corroborate
information collected by investigators from other sources. It may also be
collected and examined for the purpose of establishing the sequence of events
before, during and after the commission of the crime (McEwen).

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CONTRIBUTION OF FORENSIC EVIDENCE IN CRIME INVESTIGATION

16. The contribution of forensic evidence to crime investigation cannot be

overstated and to understand this contribution, four main themes are worth
highlighting. First, while earlier studies established that the majority of offences
were detected through other investigative means, more recent studies point to
forensics evidence contributing a greater proportion of crime detections
(Bradbury et al, 2005).

17. Second, several studies undertaken during the 1980s highlighted that
forensic evidence was principally used to corroborate other evidence against
known suspects, rather than for identifying unknown offenders. The increasing
use of automated searching techniques using computer databases for
fingerprints, Ballistics, DNA and footwear mark data, have facilitated the
increased use of forensic evidence to generate first links to crimes as well as
providing evidence to secure subsequent detections (Bradbury et al, 2005).

18. Thirdly, forensic evidence is also found to make a particularly important

contribution in the detection of ‘harder-to-solve’ crimes. Forensic evidence
greatly increases the odds of detecting an offence especially when other forms of
evidence are absent (Bradbury et al, 2005). Finally, it has also been found that
clearance rates of offenses with evidence scientifically analyzed at intelligence,
investigation and prosecution level, were about three times greater than in cases
where such evidence was not used (Peterson et al., 2010).

REPORTED CRIME AND EXAMINED EVIDENCE STATISTICS

19. According to the Uganda Police Crime Report (2019), 181 cases of
shooting incidents were reported countrywide. On the contrary, the Uganda
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Police Firearms & Tool Marks Laboratory received only 59 cases for forensic
examination in the same period (Crime Report, 2019).

20. According to the Uganda Police Crime Report (2019), 13080 cases of
economic crimes were reported countrywide. On the contrary, the Uganda Police
Forensic Questioned Document Laboratory received only 612 cases for forensic
examination in the same period (Crime Report, 2019)

21. According to the Uganda Police Crime Report (2019), 248 cases of
cybercrimes were reported countrywide. On the contrary, the Uganda Police
Cyber Crime Laboratory received only 132 cases for forensic examination in the
same period (Crime Report, 2019).

DEDUCTIONS FROM REPORTED CRIME AND EXAMINED EVIDENCE STATISTICS

22. In line with the level of application of forensic evidence in crime
investigation, the following deductions were made. First, forensic evidence was
examined in only 33% of reported shooting incident cases in 2019. This is
attributed to either the crime scene not being visited, no evidence recovered
from the visited and processed scene or recovered evidence was not submitted
to the laboratory due to a number of reasons (Bradbury et al, 2005).

23. Secondly, In respect of economic crimes, forensic questioned document

evidence was examined in only 4.7% of the reported cases. This is attributed to
either the crime scene not being visited, no evidence recovered at the visited and
processed scene or recovered evidence was not submitted to the laboratory due
to a number of reasons (Bradbury et al (2005). In addition, in many economic
crimes, chances of complainants and suspects settling out of police are often
high. In this case depending on what level that occurs, investigations into the

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case will be dropped therefore there may be no need for any evidence (Hickman,
2012).

24. Thirdly, forensic evidence was examined in 53% of the reported

cybercrime cases in 2019. While more cases were submitted for cybercrime as
compared to shooting incidents and economic crimes, this is still a small number
given the complicated nature of cybercrime evidence. This is also attributed to
either crime scenes not being visited, no evidence recovered at the visited and
processed scenes or recovered evidence not being submitted to the laboratory
due to a number of reasons (Bradbury et al (2005).

25. The explanations in (c) above notwithstanding, the higher percentage of

cybercrime evidence submitted for forensic examination may also be attributed
to the complicated nature of cybercrimes and the corresponding evidence
involved. This necessitates the examination and interpretation by a cybercrime
expert if its probative value is to be attained and used in the investigation and
consequent prosecution.

26. The Uganda Police Criminal Identification Department Report (2019) states
that many scenes of crime are not visited due to their inaccessibility, lack of
transport means and unavailability of enough scenes of crime officers or
investigating officer at the station or post where the crime has been reported. In
addition, there are many crimes where no physical evidence is involved e.g.
digital crimes and in that case there will be no need to visit a scene.

27. The report further states that evidence may not be recovered at a visited
and processed scene due to a number of reasons. These include; scenes being
visited late when evidence has been destroyed or altered, or scenes being
processed by officers who are ignorant of appropriate scene processing
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techniques. The officers also lack appropriate scene processing tools and or
process the scene haphazardly hence not recovering any evidence. There are
also complicated scenes requiring specialized knowledge, skills and equipment
which are often lacking especially at upcountry stations.

28. In respect of non-submission of collected evidence the report cites the lack
of transport means especially for upcountry stations as one of the major causes.
The other cited explanations are ignorance of investigating officers about the
relevance of forensic examination to the investigations and also ignorance of the
procedures of submitting evidence to the laboratory. In addition, collected
evidence is not submitted for examination because the complainant and suspect
have agreed to settle the case out of police and courts. Many economic crimes
fall in this category.

29. Many times forensic evidence is not submitted for examination because
investigators believe that no probative value will be obtained from the forensic
analysis. This may be due to insufficient quality of the collected evidence
material such as smudged latent prints, crushed projectiles etc (McEwen).
Finally, investigators do not request forensic analysis of every item of evidence
recovered, because many times certain cases do not require laboratory analysis
to enhance investigations especially when the suspect confesses to the crime
(Bradbury et al, 2005).

CONCLUSION

30. There is an increased recognition and demand for the use of forensic
evidence by investigating officers, prosecutors and judicial officers in crime
investigation in Uganda (Para 4).

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31. In Uganda, forensic evidence is only used in 33% of cases involving

shooting incidents (Para 22), 4.7% in economic crimes (Para 23) and 53% in
cybercrime cases (Para 24).

32. The explanations for the general low level of forensic evidence use in
shooting cases, economic and cybercrimes are; crime scenes not being visited,
no evidence recovered at some visited and processed scenes and or recovered
evidence not being submitted to the laboratory due to a number of reasons (Para
22, 23 and 24).

33. Inaccessible scenes, lack of transport to the scenes, insufficient number of

SOCOs and investigating officers at upcountry station/districts are the main
reasons for not visiting scenes of crimes (Para 26)

34. Visiting scenes late after evidence is destroyed or tampered with, lack of
appropriate knowledge and skills of SOCOs and investigating officers and lack of
appropriate scene processing tools are the major reasons why no physical
evidence may be recovered at the visited and processed scenes (Para 27).

35. The lack of transport means to deliver evidence to laboratory in Kampala,

unknown evidence submission policies and procedures and ignorance of the
significance of forensic evidence are the main reasons for recovered evidence not
being submitted for forensic examination and hence its use in crime
investigations (Para 28). In addition, recovered evidence may not be appropriate
for forensic examination or forensic examination may not be required because
cases have been settled between the complainant and suspect out of police and
court (Para 28).

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36. The above reasons generally account for the limited use of forensic
evidence in crime investigation in Uganda.

RECOMMENDATIONS

37. Crime scene management is at the heart of an effective and

comprehensive evidence utilization program and the recruitment of more crime
scene and investigating officers should be prioritized by UPF management in
terms of funding.

38. The training of scenes of crime and investigating officers on forensic

evidence, its significance and examination procedures and policies should be
prioritized by the UPF management in terms of funding

39. The UPF management should prioritize the equipping of the crime scene
management department with appropriate tools and transport mechanisms for
visiting and processing crime scenes and timely delivery of collected evidence to
the forensic laboratory.

40. The forensic laboratories should put in place policies, procedures and
guidelines on their capability and evidence and submission for examination.
These policies, procedures and guidelines should be clearly stated and
communicated to all personnel in the crime scene management and crime
investigation and prosecution process.

U Mutuya
SP
STUDENT
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BIBLIOGRAPHY

BOOKS

1. Brenner JC, (2004) Forensic Science, An Illustrated Dictionary, CRC Press,

Boca Raton London New York Washington, D.C.

JOURNALS
2. Hickman, AJ (2012), Effects of forensic evidence on criminal justice
processing; Journal of Forensic Science. Online at:
http:www.researchgate.net/publication232736526. Accessed on 23 Oct 20 at
1330 hours

3. McEwen T., (2010), Role and Impact of forensic evidence in the criminal
justice system. Online at https://www.ncjrs.gov/pdffiles1/nij/grants. Accessed on
27 Oct 20 at 1549 hours

4. J.L. Peterson, S. Mihajlovic, M. Gilliland (2010) Forensic Evidence and the

Police: The Effects of Scientific Evidence on Criminal Investigations

5. Ogechi J.A and Oluwa M.O (2019), The State of Forensic Science in Crime
Investigation and Administration of Justice in Nigeria. International Journal of
Scientific & Engineering Research Volume 10, Issue 7. Online at
http://www.ijser.org. accessed on 6 Nov 20 1246 hours

INTERNET

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6. Bradbury A. and Feist A. (2005); The use of forensic science in volume

crime investigations: Online at. http/www.homeoffice.gov.uk/rds. Accessed on 5
Nov 20 at 1230 hours

7. Munduni R. (2008), The role of forensic science in the administration of

criminal justice in Uganda. Online at http://makir.mak.ac.ug/handle/10570/3994.
Accessed on 27 Oct 20 at 1740 hours

REPORTS
8. Uganda Police, Annual Crime Report (2019)
9. UPF Forensic Ballistics Department Records (2019)
10. UPF Forensic Questioned Document Department Records (2019)
11. UPF Forensic Cyber Crime Department Records (2019)
12. UFF Criminal Identification Department Report (2019)

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