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Applicability of the Principles of Forensic Science

on Forensic Psychology
Aishi Baidya
Abstract

Over the past few years, criminal investigations have expanded their reach to different disciplines.
Forensic laboratories have several super speciality branches which provide input to solve cases. While some of
these disciplines build on the fundaments of pure science and are highly applauded in the forensic department,
psychology is constantly a subject of controversy. The present article discusses the applicability and validity of
the Principles of Forensic Science in Forensic Psychology. Just as the compromise of these principles can lead
to questionable results in physical science it has similar consequences in psychology as well. The present need
is to regulate ethical and systematic practice of forensic psychology for substantial evidence to be extracted.

Keywords: Principles of Forensic Science, Forensic Science, Forensic Psychology

It has been over 150 years since Wundt first established the laboratory of psychology in Leipzig
(Morgan, King, Weiz, & Schopler, 1993) with a mission to give psychology the recognition and respect it
deserves. On a to-and-fro battle to accept psychology as a science, we stand on the positive end of the spectrum.
Most disciplines today acknowledge the importance of psychology in understanding life from sociological and
biological points of view. Yet, psychology is to attain its full potential. Unfortunately, some areas can benefit
by inculcating the knowledge of psychology, believing it to be pseudo-science. This is probably because, unlike
mainstream sciences like Chemistry where two chemicals, when mixed as per proportion, would give the same
result every time, two minds interact may not have the same result. However, going back in time when
witchcraft was the solution to most psychological problems the discipline has had its struggle to stand where it
is today. The last centuries’ greatest minds have contributed to the development of psychology and behavioural
sciences.
Forensic Psychology, an offspring of psychology and law this date faces an identity crisis much like its
parent psychology. Ironically, this is especially evident in developing countries like India where the crime rate
is usually higher. Forensic Psychology includes psychological evaluation, psychological autopsy, criminal
profiling, victim profiling, reconstruction of the offender’s psyche from physical evidence, polygraph, EEG
(Electrical encephalography) based techniques such as Brain Electrical Oscillation Signature (BEOS) profiling,

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narco-analysis, suspect detection system, layered voice analysis, micro-expression detection interviewing etc.
Evidence extracted from most psychological techniques is not admissible in Indian Courts as primary evidence,
however, over the years they have proved to be useful corroborative evidence, provide ease and lead to
investigative officers and avoid barbaric third-degree torture of suspects (S & Chandrakanth, 2020). Sadly, due
to a lack of sufficient experts in the field the full vigour of the discipline cannot be appreciated (Karandikar,
2017). The reluctance of forensic science to accept forensic psychology as one of its own makes it harder to
infiltrate forensic laboratories and investigative agencies. This results in less usage, minimal research and
development and a lack of willingness among youth to take up forensic psychology as a career (Vigyan, 2022).
A vicious cycle has formed this way. The seven basic principles of forensic science are the backbone and un-
negotiable pre-requisite while dealing with any criminal investigation (Houck & Siegel, 2010). Attention must
be given to how compromising the principles of forensic science while practising forensic psychology is
resulting in unreliable results.
The Law of individuality states ‘every object whether natural or man-made had a distinctive quality or
characteristic in it which is not duplicated in any other object’ (Pawar, 2022). We can arguably say apart from
fingerprints and DNA, the psyche is the unique feature of the individual (Adler, 1927). Ironically, this is the
same reason psychology sometimes is considered pseudo-science. As each individual has a unique personality
it is impossible to reduce psychology to generalizing formulas. The method of reconstructing the suspect’s
personality from evidence left behind is called criminal profiling (Craig & Cooley, 2012; Ferguson, 2014). This
technique not only helps in identifying perpetrators it can also be used to warn citizens and safeguard them from
repeated victimization by the same perpetrator in case he or she is a habitual criminal. George Metesky, the mad
bomber of New York was cuffed after 16 years. This was ultimately made possible by the excellent profiling
done by James Brussel (Bakal, 2017). In addition to criminal profiling in some cases, victim profiling has also
been done. This process is especially useful in the case of habitual crimes. The information gathered through
victim profiling helps identify the perpetrator’s target population and use the knowledge to arrest the culprit
(Brown & Gunderson, 2002). In cases where physical evidence and almost nil victim profiling can give the
investigation a lead like in the case of the Ted Bundy case (Kuroski, 2022).
The Law of Progressive changes emphasizes ‘everything changes with the passage of time and nothing
remains constant’ (Pawar, 2022). In forensic science, this is important in preserving crime scenes to avoid loss
of evidence due to weather, or human or animal activities. Similarly, the memory of the eyewitness also
undergoes progressive changes. Most of the research surrounding forensic psychology has argued regarding the
accuracy of eyewitness testimony and the dependability of human memory. Stern stated that not all testimonials
are necessarily falsified on purpose (1939). In a study, it was found that although incorporating a completely
false event into memory is unlikely yet the process is a source of confusion as stated by Schacter and Curran
(Loftus & Pickrell, 1995). This is a crucial factor of human memory as it also undergoes subjective change over
time, especially when faced with interference like repeated interrogation by police, media trials and interaction
with lawyers. In the mysterious murder case of Anni Dewani which gain media attention in 2010, the witnesses
and accused were found to change their statements over the years as they kept forgetting details. The case
remains unsolved to date due to a lack of evidence (Judiciary UK, 2012). Forensic Psychologists must be
allowed to take statements of witnesses at the earliest to avoid the opportunity for distortion of memory.
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Psychologists can use forensic hypnosis and psychoanalysis in some cases where the element of amnesia
repression is found considering no secondary trauma or complexity arises. In reality, suspects and witnesses are
brought to forensic psychologists much later. By this time the individual has undergone exposure to several
alternative narratives of the incident during interrogation, by the lawyer’s suggestion, by media, due to their
coping mechanisms like repression and rationalization (Freud S. , 1915; Freud A. , 1936), making the task
several folds more difficult for the forensic psychologist. The law of progressive changes that suggests all
physical evidence be safely guarded against natural degradation and thus be examined at the earliest. This holds
equally true for psychological evidence.
The principle of Exchange given by Edward Locard is a jewel in crime investigation. It claims ‘as soon
as two things come in connection with each other, they mutually interchange the traces between them’ (Pawar,
2022). Social psychologists have brought up the topic of interaction and interpersonal exchange repeatedly for
discussion and research. Symbolic interactionism states people constructs and reconstructs idea about the world
through the social exchange (Mead, 2012; Blumer, 1969). Interdependence theory states that the basic unit of
experience is an interaction. The behaviour of two or more two people when they interact with each other results
in acquiring a new experience (Thibaut & Kelley, 1959; Homans, 1958). The dyadic exchange functions state
that when two individuals exchange in terms of verbal or non-verbal communication they reveal a part of
themselves to the other (Weitzel, 1975). Even without intention, there is an exchange of information in any
social interaction including that of perpetrator, victim and witness. This information becomes a useful tool in
crime investigation.
The principle of comparison which highlights ‘only the likes can be compared’, highlights the
importance of providing like and relevant samples for evaluation (Pawar, 2022). The most broadcasted example
to illustrate this in forensic science is if the murder is done using a firearm then it is useless to send a knife for
forensic analysis (Pawar, 2022). Comparison is already being used by investigators even on a psychological
level, specifically in cases of habitual criminals. However, due to a lack of formal training in profiling, there is
a high risk of false positive arrests. Cases of serial killing that gained media attention like that of Chandrashekhar
Jha or Ted Bundy are resourced profiling by highly skilled forensic psychologists (Sood, 2022; Kuroski, 2022).
Criminal profiling primarily involves the evaluation of the criminal act, comprehensive evaluation of the
specifics of the crime scene(s), comprehensive analysis of the victim, and evaluation of preliminary police
reports. Additionally, it may also include an evaluation of the medical examiner's autopsy protocol. The ultimate
aim is to develop a profile with critical offender characteristics, and investigative suggestions predicated on the
construction of the profile (Douglas & Burgess, 1986). Profiling helps reduce the large pool of suspects and
prioritise the list. This reduces the chances of false arrest and also saves a good amount of time.
The Principle of Analysis states that ‘the quality of any analysis would be better by a collection of correct
sample and its correct preservation in the prescribed manner’ (Pawar, 2022). This principle safeguards evidence
to avoid tampering. Like physical evidence, psychological evidence must also be collected with almost caution.
Un-compromisable guidelines have been established restricting entry of outsiders in crime scenes, and protocols
to collect samples of varying nature such as blood, bullet or charred evidence. Handling physical evidence
without wearing gloves, improper labelling or defying the chain of evidence is treated as a serious
irresponsibility by forensic experts and they are also held responsible for the loss of evidence (Bertino &
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Bertino, 2015). This is necessary to avoid contamination and avoid loss of content for analysis. A similar in-
depth protocol must be set for psychological evidence as well. Currently, in India by the time the subject is
brought to the forensic psychologist, there has already been a large amount of ‘contamination’ in form of
interference and intervention by police, media and lawyer. The most common example here is media, a
hypothetical sequence of events when repeatedly broadcasted may cause retroactive interference (Baddeley &
Logie, 1999). The ideal situation is interviewing the subject before any interference can occur, but much like
physical evidence, some compromise is expected and can be dealt with. However, a longer delay leads to a loss
of psychological evidence just as much as physical evidence. Further, in the case of psychological evidence
apart from the loss of evidence there is a chance of confabulation of the memory leading to alteration of facts.
According to the Principle of Probability, “All identification, made consciously or unconsciously is
based on probability” (Pawar, 2022). This investigative heuristic is used to narrow down the pool of suspects
in forensic science. For example, in a hypothetical case of bombing on a college campus if 30 individuals were
killed the principle of probability could be used to put together the dismembered body of the victims. Now if a
tattooed arm is found the forensic team is likely to try to match it to a tattooed leg or torso first. This is based
on the probability that an individual who has a tattoo on his or her arm is likely to have tattoos on other parts of
the body as compared to an ‘ink virgin’. However, this doesn’t mean that one cannot have a single tattoo on the
arm. Thus falsifying the assumption made based on the principle of probability. Similarly, in a forensic
psychological context probability helps narrow down the suspect list. It is a tool being used regularly by
investigative officers but without proper knowledge of psychology. This increases the chance of false arrest.
Such was the case of the murder of a student of Ryan International School. The unskilled investigation leads to
the premature arrest of a bus conductor. Further, he was charged with serious offences like murder and
molestation (India Express, 2017). Under the pressure to close the case, police pressed charges on the bus
conductor as he fit into their existing schema of criminals (Bharadwaj, 2014). Poor utilisation of the principle
of probability in a socio-psychological context has to lead to several kinds of racial crime and hatred. Unfair
policing of African Americans and Muslims is the most encountered example. Meanwhile, actual signs such as
distress, interpersonal relationship and passive aggression are being overlooked which are lead causes of serious
issues like gun violence among adolescents and young adults (Everett & Price, 1995; Sanchez, Jaguan, Shaikh,
McKenney, & Elkbuli, 2020).
The Law of Circumstantial fact elaborate ‘facts cannot be wrong, they cannot lie, not wholly absent but
man can and do’ (Pawar, 2022). Targeting the reliability of word-of-mouth this principle overlooks the
fundament on which eye-witness testimony is based. Any rational adult who knows the facts available may
falsify their statement and would not run the risk of lying. More often than not, individuals try to back up their
statements with facts. Tampering of physical evidence in cases especially involving influential personalities is
becoming more and more common. While implanting false physical evidence is possible it is not so for
psychological evidence (Loftus & Pickrell, 1995). Psychological evidence is reduced to physiological changes,
brain waves and reflex actions which can rarely be controlled despite pop-psychological notions. However,
unskilled professionals conducting polygraph tests, BEOS profiling, narcoanalysis and other forensic
psychological techniques can be damaging rather than beneficial.

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Most conservative investigative practitioners are still apprehensive about using psychological tools and
aids in investigations. Sadly, it is not just the ‘resist to change’ mindset to blame. A good amount of studies also
validate the apprehension (Honts & Kircher, 1994; Math, 2011). To improve the results of forensic
psychological techniques, the first step is to upskill forensic psychologists. A parallel must be drawn between
forensic medical practitioners and forensic psychologists. No matter how advanced and sophisticated the
investigative tools of either discipline get it is ultimately the expert’s diagnosis that would bring justice to the
investigation. A microscope or x-ray can give a clear picture to the medical practitioner, but none will make
sense unless he knows his discipline. Similarly, polygraph or BEOS profiling is as effective as a forensic
psychologist. To enhance the skill of forensic psychologists a practical-based education system needs to be
incorporated. Institutions need to be closely associated with forensic science laboratories to allow students to
get regular exposure to cases. A systematic curriculum needs to be framed that gradually orients the student to
handle cases single-handedly. In the starting one may be allowed to only observe a senior forensic psychologist.
Then they may be allowed to take the case history and biodata of the subject. Eventually, they may be allowed
to draft one or two of the questions for the polygraph or any of the psychological techniques. These may be
approved by a senior forensic psychologist and administered. Finally, the effectiveness of the question can be
taught to be analysed.
Secondly, the use of more than one psychological technique must be promoted to ensure the validity of
the results. In the case of profiling, more than one forensic psychologist can independently profile and inter-
rater reliability can be obtained. Lastly, a proper protocol needs to be drafted for psychological practices in the
forensic field ensuring the avoidance of loss of evidence, and secondary psychological harassment due to legal
proceedings. The depth of proper protocol can be appreciated when comparing the narco-analysis of Ajmal
Kasab in the 2008 Mumbai terrorist attack and suspects in the 2008 Aarushi Talwar Murder case. While the
former was a neater investigation the latter was an element of a showcase for both local police and residents. A
lot of substantial evidence was lost due to reluctant policing in the Talwar case. The psychological intervention
was considered after subjecting the suspects to a lot of mental stress and other factors that are potential
contaminators of psychological facts (Kumar, 2017).
According to National Crime Records Bureau, Gujarat showed a maximum charge sheeting (2021). A
police officer during an interview stated that one of the reasons for the speedy charge sheeting support and
priority of the Gandhinagar Forensic Science Laboratory (FSL) (Tere, 2022). It must be acknowledged that the
Gandhinagar FSL is one of the most equipped laboratories in the nation currently (Kumari, 2022). The Forensic
psychology department is especially active and note-worthy. It is updated with the finest psychological
techniques and skilled professionals (Sharma, 2022). The hesitance to incorporate the usage of forensic
psychology more aggressively in mainstream investigation today seems to be more due to anxiety provoked by
adaptation to new technology rather than any other reason. Repeated criticism on the same grounds for years is
a sign of reluctance to merge towards a solution and not the incapability of forensic psychological techniques.
It has been over 50 years since the first forensic psychology lab was first established in India, yet we have only
a few forensic psychological labs and fewer skilled professionals to run them (Vigyan, 2022).

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