forensic techniques

100
The Rolling of the Truth - Forensic Criminology - Penal Sentencing. Ethics in Philosophies determine the Legal Enactment of Public Policies. 1 Despina Ferentinou 06/10/22

Upload: despina-ferentinou

Post on 19-Feb-2017

154 views

Category:

Documents


2 download

TRANSCRIPT

Page 1: FORENSIC TECHNIQUES

The Rolling of the Truth - Forensic Criminology - Penal Sentencing. Ethics in

Philosophies determine the Legal Enactment of

Public Policies. 1Despina Ferentinou 05/01/23

Page 2: FORENSIC TECHNIQUES

THE LORD’S WAY

Despina Ferentinou 2

http://tvxs.gr/webtv/tainies/onoma-toy-rodoy

Film adaptation (1986), by French Director Jean-Jacques

Annaud, the first novel issued by Umberto Eco, 1980, causing great sensation in the area of literature. The famous detective

novel-the medieval period: "The name of the rose".

05/01/23

Page 3: FORENSIC TECHNIQUES

Despina Ferentinou 3

Pleading guilty in order to avoid the criminal courts? Youths and adults accept police

caution –reprimands and warnings in order to avoid prosecution -

Accepting guilt in order to avoid the Crown Court? as it imposes more than seven times as much custody as do magistrates courts for cases having similar characteristics p.439. A guilty plea is meant to attract a sentence discount, should result in more cases being regarded by magistrates as within their sentencing powers.- Defence achieves a re–labelling of the charge as something less serious.  Why do the defendants have to consider that as an option, if the evidence submitted does not even prove at least the actus reus of the crime in the case?

05/01/23

Page 4: FORENSIC TECHNIQUES

Predictions of conviction from the bench: “ So long as trial judges continue to engage in sentence bargaining the likelihood is that they will either volunteer (or become drawn into giving) their views on the likely outcome of the case. And to a defendant offered a sentence discount in return for pleading guilty, it may seen as if the judge has already decided that a conviction is not in doubt and that all that remains to be determined is the appropriate sentence”.

Information from the prosecution: Prosecution may fail to comply with the duty to disclose evidence. Advice from the defence barrister : unduly pessimistic views of the likelihood of acquittal in order to increase

the pressure on defendants to plead guilty, (presuming the client as guilty).

Despina Ferentinou 4

The ECHR ruled on the procedure-ex parte application- that could lead to non

disclosure of “unused material” relating to informants or to work of undercover police

officers, as a procedure that breaches the Article 6 right to a fair trial, a right which

includes a duty on the prosecution to disclose all relevant evidence. Rowe and

Davis v UK [2000]

05/01/23

Page 6: FORENSIC TECHNIQUES

“..of course will emphasize that the accused must not plead guilty unless he has committed the acts constituting the offense charged.”Turner Lord Parker CJ

In a substantial number of guilty plea cases independent assessors judged the evidence against the defendant to be weak.

There are cases where barristers were observed to sometimes fail in their legal duty to emphasize to clients that they should not plead guilty unless they were guilty.( Andrew Sanders and Richard Young; Criminal Justice 2000)

Despina Ferentinou 6

“Artificial Pleading”: A Crown Court study by Zander and Henderson included a number of “cracked trials” in which the CPS said that, had they gone to trial, the defendant would have stood a “good” or “fairly good” chance of acquittal. On an annual basis, this would total over 600 cracked trials where the defendant wood have stood a good chance of acquittal and over 2,000 such cases with a fairly good chance of acquittal. The Crown Court study also found that 11% of defendants pleading guilty claimed to be innocent and 6% of defence barristers were concerned that their clients had pleaded guilty despite being innocent- amounting to some 1,400 cases a year.

05/01/23

Page 7: FORENSIC TECHNIQUES

Despina Ferentinou 7

http://www.legislation.gov.uk/ukpga/1997/43/pdfs/ukpga_19970043_en.pdf

Crime (Sentences) Act 1997 1997 c. 43http://www.legislation.gov.uk/ukpga/1997/43/contents

The Crime (Sentences) Act 1997 (Commencement No. 5) Order 2012

2012 No. 2901 (C. 112) http://www.legislation.gov.uk/uksi/2012/2901/contents/made

The Crime (Sentences) Act 1997 (Commencement No.4) Order 2005

2005 No. 932 (C. 41) http://www.legislation.gov.uk/uksi/2005/932/contents/made

The Crime (Sentences) Act 1997 (Commencement No. 3) Order 1999

1999 No. 3096 (C. 80) http://www.legislation.gov.uk/uksi/1999/3096/contents/made

The Crime (Sentences) Act 1997 (Commencement No. 2 and Transitional Provisions) Order 1997

1997 No. 2200 (C. 87) http://www.legislation.gov.uk/uksi/1997/2200/contents/made

The Crime (Sentences) Act 1997 (Commencement) (No. 1) Order 1997

1997 No. 1581 (C. 64) http://www.legislation.gov.uk/uksi/1997/1581/contents/made

Mandatory And Minimum

Sentences

05/01/23

Page 8: FORENSIC TECHNIQUES

Criminal Justice Act 1991 : Judges and some Magistrates objected to the fettering of their discretion privileges. Criminal Justice Act 1993: Raised various maximum sentences. Criminal Justice and Public Order Act 1994; curtailment of the right of silence and tough sentences for young

offenders , including the provisions of secure training centres for persistent offenders age 12, 13 or 14. White Paper Protecting the Public 1996: Proposed a mandatory life sentence for the second serious sexual or

violent crime and mandatory minimum sentences for repeat drug offenders and repeat burglars. The proposals were roundly condemned by the Lord Chief Justice, Lord Taylor and other leading Judges.

Crime (Sentencing) Act 1997 embodies this policy ( Ashworth; Oxford University Press 1997)

Despina Ferentinou 8

http://www.legislation.gov.uk/ukpga/1991/53/contents

http://www.legislation.gov.uk/ukpga/1993/36/contents

http://www.legislation.gov.uk/ukpga/1994/33/contents

http://webarchive.nationalarchives.gov.uk/+/http:/www.homeoffice.gov.uk/documents/jou-no-more-excuses?view=Html

05/01/23

Page 9: FORENSIC TECHNIQUES

A. Desert or Retributive Theories: Writing of Kant and Hegel. Came to prominence in the 1970s: Punishment is justified as the morally appropriate response to crime/proportionate to the degree of crime/creation of scale values which can be used to assess the gravity of each type of offence.

B. Deterrence Theories: Prevention through a deterrent strategy as a rationale of punishing. Utilitarian writers Benthan and economic theorists such as Posner (1985) develop the notion of setting penalties at levels sufficient to outweigh the likely of offending.

C. Rehabilitative Sentencing: Indicates that sentences should be tailored to the needs of the particular offenders. Aims at the reformation of the offender’s lawbreaking tendencies/strategies involve individual casework, therapy, counselling, intervention in the family/US 1960s but declined in the 1970s.

D. Incapacitative Sentencing: “Public Protection”/ Criminal Justice Act 1991 authorized courts to go beyond proportionate sentences. It looks to the protection of potential victims. (No behavioural premise./ It is neither linked with any particular causes of offending not dependant on changing the behaviour of offenders).

E. Restorative and ReparativeTheories: Sentences should move away from punishment of the offender towards restitution and reparation aimed at restoring the harm done to the victim and to the community.Victim-Offender Mediation.

F. Social Theories: Favour a shift towards a more supportive social policy/ Garland (1990)/Hudson (1987,1993/). G. Appraising the Rationales: Desert was installed as the primary rationale of the Criminal Justice Act 1991./Lord Chief

Justice reinstated general deterrence as an aim in certain cases Cunningham (1993 Cr.App.) and incapacitation is also prominent in the Criminal Justice and Public Order Act 1994 and the Crime ( Sentences) Act 1997.

Despina Ferentinou 9

http://www.legislation.gov.uk/ukpga/1999/23/contents

Youth Justice and Criminal Evidence Act

1999

05/01/23

Page 10: FORENSIC TECHNIQUES

Selections: The number of the reported offenses that the courts pass sentence is smaller than the number of those actually committed. Only 47 per cent of offences committed are reported. Police recording practices reduce that figure, so that only 27 per cent of all offences are recorded as such. Does sentencing have the potential of altering general patterns of behaviour?

The Royal Commission on Criminal Justice (1993) recommended a system whereby defendants could canvass the judge about the likely sentence before deciding on their plea.

Despina Ferentinou 10

Criminal Justice and Courts Act 2015 http://www.legislation.gov.uk/ukpga/2015/2/contents

http://www.crimesurvey.co.uk/

Crime Survey 

for England & Wales

https://www.cps.gov.uk/publications/docs/code_2013_accessible_english.pdf The Code of Crown Prosecutors

05/01/23

Page 11: FORENSIC TECHNIQUES

Probation Orders Community Service Orders Curfew Orders Combination Orders ( part probation,part community service)

Despina Ferentinou 11

http://www.legislation.gov.uk/ukpga/1991/53/contents

05/01/23

Page 12: FORENSIC TECHNIQUES

Sentencing guidelines offer a means to achieve the objectives of greater consistency and hence predictability.

Judicial opposition is often the reason why reforms restricting discretion have failed to take hold. Lord Alverstone, the Lord Chief Justice, and a committee of Queen’s Bench judges met and drew up

a ‘Memorandum of Normal Punishments’,1901. The first call for the creation of a Sentencing Council in England came in 1982, and the argument was based on recognition that generating sentencing guidelines is a public policy function. In 2007 the government became particularly concerned about the rapid expansion of prisoner numbers in England and Wales, and commissioned a report from Lord Carter. Lord Carter introduced changes, pages 5- 6: Andrew Ashworth’s and Julian Robert’s paper.

Despina Ferentinou 12

http://www.newbooks-services.de/MediaFiles/Texts/1/9780199684571_Excerpt_001.pdf Andrew Ashworth and Julian V

Roberts

http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/05_12_07_prisons.pdf

Lord Carter :a structured sentencing framework and permanent Sentencing Commission should be

developed, with judicial leadership, to improve the transparency, predictability and consistency of

sentencing and the criminal justice system.

05/01/23

Page 13: FORENSIC TECHNIQUES

Step One: Determining the Offence Category Requires a court to match the case to one of the three categories of seriousness , considering the factors of

‘principal elements of the offence’. The three categories reflect gradations in harm and culpability, with the most serious category (1) requiring a court to find the case to involve greater harm and enhanced culpability. Category 2 is appropriate if either greater harm or higher culpability is present. Category 3 applies to cases of lesser harm and a lower level of culpability.

Step Two: Shaping the Provisional Sentence Requires a court to ‘fine tune’ the calibration of harm and culpability by reference to lists of factors which

relate to crime seriousness, culpability, or personal mitigation. The guidelines, these circumstances provide ‘the context of the offence and the offender’. The court is required to consider aggravating factors—and to revise the sentence upward if appropriate—and then to consider mitigating factors and personal mitigation in a separate step.

The courts are provided with a salutary reminder of the need to consider the hierarchy of sanctions and the statutory criteria which must be fulfi lled before specific disposals are imposed.

Step Three directs courts to take into account provisions in the Serious Organized Crime and Police Act 2005

Step Four invokes the reduction for a guilty plea. Section 144 of the Criminal Justice Act 2003 requires a court to take into account the stage at which a guilty plea was entered as well as the circumstances in which this indication was given.

Step Five requires courts to consider whether, having regard to the criteria contained in Chapter 5 of the Criminal Justice Act 2003, it would be appropriate to impose an extended sentence.

Step Six invokes the totality principle : This principle requires courts to ensure that the total sentence is just and proportionate to the off ending behaviour, through application of the totality principle.

Step Seven reminds sentencers that they should consider making a compensation order and or any other ancillary orders.

Step Eight invokes section 174 of the Criminal Justice Act 2003 (CJA) which imposes a duty on courts to give reasons.

Step Nine, directs sentencers to take into consideration any remand time served in to the final sentence .Despina Ferentinou 1305/01/23

Page 14: FORENSIC TECHNIQUES

Magistrates’ Court Sentencing Guidelines online Courts and Tribunals https://courttribunalfinder.service.gov.uk/courts/ .

http://www.sentencingcouncil.org.uk/wp-content/uploads/Definitive_guideline_TICs__totality_Final_web.pdf

Research shows that, in relation to the imposition of fines, some 55 per cent of areas follow the Magistrate’s Association guidelines,a further 28 per cent use them with significant modifications and some 17 per cent proceed on a different basis.( Judicial discretion )

Despina Ferentinou 14

https://www.sentencingcouncil.org.uk/offences/

05/01/23

Page 15: FORENSIC TECHNIQUES

Section 144 Reduction in sentences for guilty pleas (1)In determining what sentence to pass on an offender who has pleaded guilty to an offence in proceedings

before that or another court, a court must take into account— (a)the stage in the proceedings for the offence at which the offender indicated his intention to plead

guilty, and (b)the circumstances in which this indication was given. (2)In the case of an offence the sentence for which falls to be imposed under subsection (2) of section 110 or

111 of the Sentencing Act, nothing in that subsection prevents the court, after taking into account any matter referred to in subsection (1) of this section, from imposing any sentence which is not less than 80 per cent of that specified in that subsection.

Despina Ferentinou 15

Criminal Justice Act 2003 http://www.legislation.gov.uk/ukpga/2003/44/contents

05/01/23

Page 16: FORENSIC TECHNIQUES

229The assessment of dangerousness (1)This section applies where— (a)a person has been convicted of a specified offence, and (b)it falls to a court to assess under any of sections 225 to 228 whether there is a significant risk to

members of the public of serious harm occasioned by the commission by him of further such offences. (2). . . , the court in making the assessment referred to in subsection (1)(b)— (a)must take into account all such information as is available to it about the nature and circumstances of the

offence, [(aa)may take into account all such information as is available to it about the nature and circumstances

of any other offences of which the offender has been convicted by a court anywhere in the world,] (b)may take into account any information which is before it about any pattern of behaviour of which [any of

the offences mentioned in paragraph (a) or (aa)] forms part, and (c)may take into account any information about the offender which is before it. (2A)The reference in subsection (2)(aa) to a conviction by a court includes a reference to— [(a)a conviction of an offence in any service disciplinary proceedings, and] (b)a conviction of a service offence within the meaning of the Armed Forces Act 2006 (“conviction” here

including anything that under section 376(1) and (2) of that Act is to be treated as a conviction).] (2B)For the purposes of subsection (2A)(a) “service disciplinary proceedings” means— (a)any proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957

(whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence), and

(b)any proceedings before a Standing Civilian Court; and “conviction” includes the recording of a finding that a charge in respect of the offence has been proved.]

Despina Ferentinou 1605/01/23

Page 17: FORENSIC TECHNIQUES

174 Duty to give reasons for, and explain effect of, sentence ( The Duty ought not to be subject to exceptions) (1)Subject to subsections (3) and (4), any court passing sentence on an offender—

(a)must state in open court, in ordinary language and in general terms, its reasons for deciding on the sentence passed, and

(b)must explain to the offender in ordinary language— (i)the effect of the sentence, (ii)where the offender is required to comply with any order of the court forming part of the sentence, the effects of non-compliance with the order, (iii)any power of the court, on the application of the offender or any other person, to vary or review any order of the court forming part of the sentence, and

(iv)where the sentence consists of or includes a fine, the effects of failure to pay the fine. (2)In complying with subsection (1)(a), the court must—

[a)identify any definitive sentencing guidelines relevant to the offender's case and explain how the court discharged any duty imposed on it by section 125 of the Coroners and Justice Act 2009,

(aa)where the court did not follow any such guidelines because it was of the opinion that it would be contrary to the interests of justice to do so, state why it was of that opinion,]

(b)where the sentence is a custodial sentence and the duty in subsection (2) of section 152 is not excluded by subsection (1)(a) or (b) or (3) of that section [or any other statutory provision] , state that it is of the opinion referred to in section 152(2) and why it is of that opinion,

(c)where the sentence is a community sentence  other than one consisting of or including a youth rehabilitation order with intensive supervision and surveillance or fostering,] and the case does not fall within section 151(2), state that it is of the opinion that section 148(1) applies and why it is of that opinion,

[(ca)where the sentence consists of or includes a youth rehabilitation order with intensive supervision and surveillance and the case does not fall within paragraph 5(2) of Schedule 1 to the Criminal Justice and Immigration Act 2008, state that it is of the opinion that section 1(4)(a) to (c) of that Act and section 148(1) of this Act apply and why it is of that opinion,

(cb)where the sentence consists of or includes a youth rehabilitation order with fostering, state that it is of the opinion that section 1(4)(a) to (c) of the Criminal Justice and Immigration Act 2008 and section 148(1) of this Act apply and why it is of that opinion,]

(d)where as a result of taking into account any matter referred to in section 144(1), the court imposes a punishment on the offender which is less severe than the punishment it would otherwise have imposed, state that fact, and

(e)in any case, mention any aggravating or mitigating factors which the court has regarded as being [relevant to the case]. (3)Subsection (1)(a) does not apply—

(a)to an offence the sentence for which is fixed by law (provision relating to sentencing for such an offence being made by section 270), or

(b)to an offence the sentence for which falls to be imposed under section 51A(2) of the Firearms Act 1968 (c. 27) [under subsection (2) of section 110 or 111 of the Sentencing Act or under section 29(4) or (6) of the Violent Crime Reduction Act 2006](required custodial sentences).

Despina Ferentinou 1705/01/23

Page 18: FORENSIC TECHNIQUES

(4)The [Lord Chancellor] may by order— (a)prescribe cases in which subsection (1)(a) or (b) does not apply, and (b)prescribe cases in which the statement referred to in subsection (1)(a) or the explanation referred to in

subsection (1)(b) may be made in the absence of the offender, or may be provided in written form. [(4A)Subsection (4B) applies where— (a)a court passes a custodial sentence in respect of an offence on an offender who is aged under 18, and (b)the circumstances are such that the court must, in complying with subsection (1)(a), make the statement

referred to in subsection (2)(b). (4B)That statement must include— (a)a statement by the court that it is of the opinion that a sentence consisting of or including a youth

rehabilitation order with intensive supervision and surveillance or fostering cannot be justified for the offence, and

(b)a statement by the court why it is of that opinion.] (5)Where a magistrates' court passes a custodial sentence, it must cause any reason stated by virtue of

subsection (2)(b) to be specified in the warrant of commitment and entered on the register. (6)In this section— [“definitive sentencing guidelines” means sentencing guidelines issued by the Sentencing Council for England

and Wales under section 120 of the Coroners and Justice Act 2009 as definitive guidelines, as revised by any subsequent guidelines so issued;]

“the register” has the meaning given by section 163 of the Sentencing Act.

Despina Ferentinou 1805/01/23

Page 19: FORENSIC TECHNIQUES

Acceptance of desert or proportionality as being the appropriate guiding principle for sentencing

There is also a new willingness to address issues of consistency and fairness within the criminal justice system.

As it was stated as much harder for sentencers to estimate the rehabilitative, incapacitative, or deterrent effects of a penalty - as those effects are largely uncertain, even to those who may profess some expertise in these matters, such as criminologists; the White Paper proposed to keep the power to decide the severity of sanctions for the various offence categories where it traditionally has been, with the judiciary. Proportionality is to be supplied as the guiding principle, but not as a formula.

Despina Ferentinou 19

http://onlinelibrary.wiley.com/doi/10.1111/j.1468-2230.1990.tb02832.x/pdf Modern Law Review

18/01/2011

05/01/23

Page 20: FORENSIC TECHNIQUES

Section 1 : Proportionality of Sentence (1) The sentence shall be in just proportion to the seriousness of the criminal

conduct; that is, to the conduct’s harmfulness or potential harmfulness and to the offender’s degree of culpability in committing the conduct.

(2) The primary determinant of the sentence shall be the seriousness of the crime for which the offender stands convicted, but the absence of a substantial record of previous convictions, or the lapse of a substantial time since the last conviction, shall extenuate the punishment.

(3) The court shall, in fixing sentence, take account of any special circumstances of aggravation or mitigation, which should relate ordinarily to the harmfulness or potential harmfulness of the conduct or the culpability of the offender, including, but not limited to: particular cruelty in the commission of the crime; vulnerability of the victim; provocation by the victim; peripheral involvement on the actor’s part; or diminished capacity or understanding on the actor’s part. The court may also reduce the sentence in cases of extraordinary hardship.

Limiting the Use of Custody: The White Paper states that the use of custody must be confined to serious cases only.

Despina Ferentinou 2005/01/23

Page 21: FORENSIC TECHNIQUES

The White Paper proposes that ‘a court, before it gives a custodial sentence, [would have] to be satisfied that the offence for which the offender has been convicted by the court is so serious that only a custodial sentence is justified or that a custodial sentence is necessary to protect the public from serious harm.’

Section 2: Custodial Sentences (1) Before the court imposes a custodial sentence, the court should be satisfied that the criminal conduct is (considering its harmfulness and culpability as assessed under section 1 above) of a serious nature. The duration of custody should also reflect the degree of seriousness of the conduct. . . .

The White Paper, following Carlisle, proposes that commission of a further offence punishable with imprisonment during the remainder of the whole sentence would require that the offender serve the unexpired portion of the sentence for which he was on licence or subject to conditional release consecutively to any custodial term imposed for the new offence.

Despina Ferentinou 2105/01/23

Page 22: FORENSIC TECHNIQUES

Despina Ferentinou 22

http://www.legislation.gov.uk/ukpga/2001/16/contents Criminal Justice and Police Act

2001 Political balance on police

authorities ?

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/271971/2263.pdf

The Royal Commission on Criminal Justice /Police Investigations/Safeguards for Suspects/Right of Silence

and Confession Evidence/The Prosecution/Pre Trial Procedures in the Crown Court /The Trial/Forensic Science

and other Expert Evidence/ Court of Appeal/Correction of Miscarriages of

Justice/Recommendations Note of Dissent by Professor Michael Zander /In Principle

and in Process regarding Defence Disclosure that could possibly cover not only “the broad nature of the defence-

self defence –provocation-consent etc”.

http://www.legislation.gov.uk/ukpga/1915/90/

pdfs/ukpga_19150090_en.pdf Indictments Act,

1915. “Forensic science service closure criticised” https://www.chemistryworld.com/news/forensic-science-service-closure-criticised/6432.article

05/01/23

Page 23: FORENSIC TECHNIQUES

70% of arrests of Police Action proved to be the result of information received from a member of the public; (page10 of the Report, section 6. Only 5% saw the suspect at the scene of the crime, 7% apprehended the suspect following a stop, 13% witnessed the offense: 1986-88 study Michael McConville: In a sample of 1,080 arrests or reports for summons in three police force areas).

“Most of those who are silent in the police station either they plead guilty later or are subsequently found guilty”: ( page 53: section19 silence in the face of police questioning: Chapter four: The right of silence and confession evidence).

I personally, find any determinative and decisive decision and deliberation problematic. More time is needed for the defendant to structure a response in social accountability. Professional services and experts should be available for this reason.

If the defendant does not give evidence does it mean “...that there is no evidence from the defendant to undermine, contradict, or explain the evidence put before “you”-the jury- by the prosecution”? ( page 56 section 26)

Almost 70% of suspects in the police stations do not ask for a solicitor (page 61 section 54). However, solicitors should always be present at all stages. Defendants should be able to choose their court- as it can only be fear and uncertainty of the

adverse that can direct a safer exodus at difficult times- and the mode of trial page 88. Section 11. Notice of alibi. - Criminal Justice Act 1967 CHAPTER 80: Defendants should

not be required to give advance particulars of their alibi.Trials ought to be preoccupied with the truth and not the success of the prosecution. In addition, the parties are at arm’s length; (page 97 of the Royal Commission of Criminal Justice Report ).

Members of the jury could provide individual reports prior to the summing up of the judge, who could address their points before the statement of the Judicial decision. (page 124)

Despina Ferentinou 23

http://www.legislation.gov.uk/ukpga/1967/80/pdfs/ukpga_19670080_en.pdf Criminal Justice

Act 1967

05/01/23

Page 24: FORENSIC TECHNIQUES

A. On arrest, without a warrant that there are reasonable grounds for suspecting that a person concerned has committed the offence for which he or she is being arrested ( section 24 PACE)

B. On Charge, that there is sufficient evidence to prosecute and for the prosecution to succeed ( paragraph 16.1 of the code of PACE)

C. On review, that there is realistic prospect of conviction (section 4 of the Code for Crown Prosecution)

Despina Ferentinou 24

Police and Criminal Evidence Act 1984 http://www.legislation.gov.uk/ukpga/1984/60/section/24

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/364707/PaceCodeC2014.pdf

REVISED CODE OF PRACTICE FOR THE DETENTION,

TREATMENT AND QUESTIONING OF PERSONS BY POLICE

OFFICERS POLICE AND CRIMINAL EVIDENCE ACT 1984 (PACE) –

CODE C

05/01/23

Page 25: FORENSIC TECHNIQUES

4 Arrest without warrant: constables (1)A constable may arrest without a warrant— (a)anyone who is about to commit an offence; (b)anyone who is in the act of committing an offence; (c)anyone whom he has reasonable grounds for suspecting to be about to commit an offence; (d)anyone whom he has reasonable grounds for suspecting to be committing an offence. (2)If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a

warrant anyone whom he has reasonable grounds to suspect of being guilty of it. (3)If an offence has been committed, a constable may arrest without a warrant— (a)anyone who is guilty of the offence; (b)anyone whom he has reasonable grounds for suspecting to be guilty

of it. (4)But the power of summary arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has

reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to arrest the person in question.

(5)The reasons are— (a)to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person's name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name);

(b)correspondingly as regards the person's address; (c)to prevent the person in question— (i)causing physical injury to himself or any other person; (ii)suffering physical injury; (iii)causing loss of or damage to property; (iv)committing an offence against public decency (subject to subsection

(6)); or (v)causing an unlawful obstruction of the highway; (d)to protect a child or other vulnerable person from the person in question; (e)to allow the prompt and effective investigation of the offence or of the conduct of the person in question; (f)to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.

(6)Subsection (5)(c)(iv) applies only where members of the public going about their normal business cannot reasonably be expected to avoid the person in question.]

Despina Ferentinou 2505/01/23

Page 26: FORENSIC TECHNIQUES

Paragraph 16 Charging detained persons (a) Action 16.1 When the officer in charge of the investigation

reasonably believes there is sufficient evidence to provide a realistic prospect of conviction for the offence (see paragraph 11.6), they shall without delay, and subject to the following qualification, inform the custody officer who will be responsible for considering whether the detainee should be charged.

See Notes 11B and 16A. When a person is detained in respect of more than one offence it

is permissible to delay informing the custody officer until the above conditions are satisfied in respect of all the offences, but see paragraph 11.6.

If the detainee is a juvenile, mentally disordered or otherwise mentally vulnerable, any resulting action shall be taken in the presence of the appropriate adult if they are present at the time.

Despina Ferentinou 2605/01/23

Page 27: FORENSIC TECHNIQUES

The Full Code Test 4.1 The Full Code Test has two stages: (i) the evidential stage; followed by (ii) the public interest stage. 4.2 In most cases, prosecutors should only decide whether to prosecute after the

investigation has been completed and after all the available evidence has been reviewed.

However there will be cases where it is clear, prior to the collection and consideration of all the likely evidence, that the public interest does not require a prosecution. In these instances, prosecutors may decide that the case should not proceed further.

4.3 Prosecutors should only take such a decision when they are satisfied that the broad extent of the criminality has been determined and that they are able to make a fully informed assessment of the public interest.

If prosecutors do not have sufficient information to take such a decision, the investigation should proceed and a decision taken later in accordance with the Full Code Test set out in this section.

https://www.cps.gov.uk/publications/docs/code_2013_accessible_english.pdf

Despina Ferentinou 2705/01/23

Page 28: FORENSIC TECHNIQUES

“Latest figures from the Crime Survey for England and Wales (CSEW) showed that there were an estimated 6.3 million incidents of crime experienced by adults aged 16 and over in the survey year ending March 2016; 6% fewer than in the previous survey year (6.8 million).

These estimates cover crimes against the person (for example, violence or theft from the person) and crimes against households (for example, domestic burglary or criminal damage). The headline estimates currently exclude fraud and computer misuse offences, as questions about these offences were only included in the second half of the survey year (between October 2015 and March 2016).” Crime in England and Wales: year ending Mar 2016 Statistical bulletin.

Despina Ferentinou 28

“The estimate of 5.8 million fraud and computer misuse offences is similar in magnitude to the current

headline estimate covering all other CSEW offences and provides an indication of the scale of the threat from such offences. However, it would be misleading to conclude that this means actual crime levels have

doubled, since the survey previously did not cover these fraud and computer misuse offences. It was precisely

because these offences were thought to be in such high volume that the decision was made to extend the CSEW to cover them. It will not be until January 2018 that we

will be able to release valid year-on-year comparisons of CSEW estimates including the new fraud and computer

misuse figures.”

05/01/23

Page 29: FORENSIC TECHNIQUES

Source: Police recorded crime, Home Office CSEW Notes:Police recorded crime data are not designated as National Statistics.

Despina Ferentinou 2905/01/23

Page 30: FORENSIC TECHNIQUES

Source: Police recorded crime, Home Office Notes: Police recorded crime data are not designated as National Statistics

Despina Ferentinou 3005/01/23

Page 31: FORENSIC TECHNIQUES

Despina Ferentinou 31

Source: Home Office Data Hub, Home Office Notes: Police recorded crime data are not designated as National Statistics Data based on 19 forces that provided accurate data via the Home Office Data Hub Percentages do not add up to 100 as a small proportion of metal theft offences (less than 1%) fall into categories which are not property

crime related and are therefore not included in this figure

05/01/23

Page 32: FORENSIC TECHNIQUES

Source: Crime Survey for England and Wales, Office for National Statistics

Despina Ferentinou 3205/01/23

Page 33: FORENSIC TECHNIQUES

Source: Police recorded crime, Home Office

Notes:

Police recorded crime data are not designated as National Statistics

Following changes to the Home Office Counting Rules (HOCR) in 1998 and the introduction of the National Crime Recording Standard (NCRS) in 2002, data from the year ending March 2003 onwards are not directly comparable with earlier years; nor are data between the year ending March 1999 and year ending March 2002 directly comparable with data prior to the year ending March 1999

Fraud offences include incidents recorded by Action Fraud and National Fraud Intelligence Bureau (through Cifas and Financial Fraud Action UK) from the year ending March 2012 to the year ending March 2015

Despina Ferentinou 3305/01/23

Page 34: FORENSIC TECHNIQUES

Source: Police recorded crime, Home Office Notes: Police recorded crime data are not designated as National Statistics

Despina Ferentinou 3405/01/23

Page 35: FORENSIC TECHNIQUES

Source: Police recorded crime, Home Office Notes: Police recorded crime data are not designated as National Statistics Fraud offences were recorded by Action

Fraud and National Fraud Intelligence Bureau (through Cifas and Financial Fraud Action UK) from the year ending March 2012 to the year ending March 2015. Comparisons between earlier years are not directly comparable due to fraud offences coming from new data collections and the implementation of improved recording practices since the year ending March 2012

Despina Ferentinou 3505/01/23

Page 36: FORENSIC TECHNIQUES

https://www.ons.gov.uk/peoplepopulationandcommunity/birthsdeathsandmarriages/deaths/datasets/deathsregisteredinenglandandwalesseriesdrreferencetables ONS defines suicide as either - Intentional self-harm (ICD code X60 - X84) or Injury/poisoning of undetermined intent (ICD Y10 - Y34) for people 15 years old and above. For 10-14 year olds ONS use only the codes X60 - X84 . These breakdowns of death registrations can be found in the Deaths Registration (DR Series) statistical bulletin. There is a comprehensive back series to this publication up to 2014https://www.ons.gov.uk/peoplepopulationandcommunity/birthsdeathsandmarriages/deaths/datasets/deathregistrationssummarytablesenglandandwalesreferencetablesThe 2015 Death Registration tables will be published in October this year. Summary tables have been published for 2015 and can be found here:

Death from Injury, poisoning and other consequences of external causes 2014

Males 12.385Females 7.475

Comparative figures 2011 11.013 (Males) 6.577 (Females)2012 10.993 (Males) 6.469 (Females) 2013 11.923 (Males) 6.998 (females)2014 12.385 (Males ) 7.475 (females)

file:///C:/Users/Guest/Downloads/userguidemortality2015.pdf

Despina Ferentinou 3605/01/23

Page 37: FORENSIC TECHNIQUES

Presumption of death: On 1 October 2014, the Presumption of Death Act 2013 came into force

in England and Wales. http://www.legislation.gov.uk/ukpga/2013/13/pdfs/ukpga_20130013_en.

pdf

This means that an application can be made to the High Court for a declaration (Annex J) that a missing person is presumed to be dead where, the person who is missing is thought to have died or has not been known to be alive for a period of at least 7 years.

Number of presumed deaths England and Wales 2014 to 2015 Annual dataset year for registrations Total deaths Number

of presumed deaths 2015 529,655 16 2014 501,424 0 Source: Office for National Statistics

Despina Ferentinou 3705/01/23

Page 38: FORENSIC TECHNIQUES

Annual dataset year for registrations

Number of registrations

Number registered which occurred in that year

Percentage of those registered that occurred in that year

Number registered which occurred in previous years

Percentage of those registered that occurred in previous years

2015 529,655 504,483 95.2 25,172 4.8

2014 501,424 477,752 95.3 23,672 4.7

2013 506,790 482,658 95.2 24,132 4.8

2012 499,331 478,733 95.9 20,598 4.1

2011 484,367 463,450 95.7 20,917 4.3

2010 493,242 473,661 96.0 19,581 4.0

2009 491,348 471,113 95.9 20,235 4.1

2008 509,090 488,764 96.0 20,326 4.0

2007 504,052 485,068 96.2 18,984 3.8

Despina Ferentinou 3805/01/23

Page 39: FORENSIC TECHNIQUES

39Despina Ferentinou 05/01/23

Page 40: FORENSIC TECHNIQUES

Despina Ferentinou 40

The wreath and the goldnugget have equal weight 

The wreath displaces morewater than the gold nugget

Golden wreath fromVergina,GreeceFourth century BC

Golden oak wreathfrom the Dardanelles Fourth century BC

Golden wreath fromAmphipolis,GreeceFourth century BChttp://www.tovima.gr/culture/article/?aid=

425133

05/01/23

Page 41: FORENSIC TECHNIQUES

Despina Ferentinou 41

A sphere has 2/3 the volume and surface area of its circumscribing cylinder including its bases. A sphere and cylinder were placed on the tomb of Archimedes at his request.

The Stomachion comprises a set 14 of flat pieces (originally ivory) of various polygonal shapes with two basic characteristics - may join to form a square - The area of each piece is commensurate with the area of the previous square. Which means commensurable? Means that the ratio of the area of each piece and the area of the total square is a rational number.

05/01/23

Page 42: FORENSIC TECHNIQUES

Asclepius instructed into the art of medicine. Asclepius became so proficient as a healer (doctor) that he surpassed both Chiron and his father, Apollo. Asclepius was able to “evade death” and to “bring others back to life” from the brink of death and beyond.

Sacred places and practices : The most famous temple of Asclepius was at Epidaurus in north-eastern Peloponnese, dated to the fourth century BC. Another famous healing temple (or asclepieion) was built approximately a century later on the island of Kos

where Hippocrates, the legendary "father of medicine", may have begun his career. Other asclepieia were situated in Trikala,Gortys (in Arcadia), and Pergamum in Asia. From the fifth century BC onwards, the cult of Asclepius grew very popular and pilgrims

flocked to his healing temples ( Asclepieia) to be cured of their ills.

Despina Ferentinou 4205/01/23

Page 43: FORENSIC TECHNIQUES

The Hippocratic Corpus (Latin: Corpus Hippocraticum) is a collection of around seventy early medical works from Alexandrian Greece. It is written in Ionic Greek. 

Hippocrates is credited with being the first person to believe that diseases were caused naturally, not because of superstition and gods. Hippocrates was credited by the disciples of Pythagoras of allying philosophy and medicine. He separated the discipline of medicine from religion, believing and arguing that disease was not a punishment inflicted by the gods but rather the product of environmental factors, diet, and living habits. Indeed there is not a single mention of a mystical illness in the entirety of the Hippocratic Corpus. However, Hippocrates did work with many convictions that were based on what is now known to be incorrect anatomy and physiology,

Despina Ferentinou 4305/01/23

Page 45: FORENSIC TECHNIQUES

https://youtu.be/fZAgRZ-W4p8 Discussion : Η Πυθαγόρεια φιλοσοφία, η σημασία των αριθμών και της γεωμετρίας  στην φύση, την καθημερινότητά , το σύμπαν την επιβίωσή. Published on Oct 29, 2012

https://youtu.be/vnbou4u0K2g Published on Mar 5, 2013 Ο Πλάτων (427 π.Χ.--347 π.Χ.) ήταν αρχαίος Έλληνας φιλόσοφος από την

Αθήνα, ο πιο γνωστός μαθητής του Σωκράτη και δάσκαλος του Αριστοτέλη. Philosophy- Ideas of Political Systems- Tyrannical regimes: Platonic Dialects.

https://youtu.be/lQik1C-RAFI ΑΡΙΣΤΟΤΕΛΗΣ (384-322 π.Χ.) Published on Oct 7, 2015 Βίος και έργο του μεγάλου αρχαίου φιλόσοφου Αριστοτέλη.

The disagreement of Plato and Aristotle about the perception of cosmos can be of determinative importance in explaining and understanding mens rea in crimes, in my view.

For Plato the supreme reality exists in the cosmos of ideas and pre existing prototypes whereas for Aristotle the cosmos of ideas of people is a creation of logic based- due to experience. Ideas do not pre exist in human beings.

Despina Ferentinou 4505/01/23

Page 46: FORENSIC TECHNIQUES

https://youtu.be/Ej3IWW5mbzI Published on Apr 1, 2013 Greek TV Aristotle: Regulated Public Education: Virtues /Ethics/disagreements with Plato

https://youtu.be/S2YbpXBZAbw Published on Feb 27, 2013 Πυθαγόρας ο Σάμιος Pythagoras Greek Philosopher/ Fairness and full commitment to the service of Public Administration –expected from the political representatives- Inclusiveness/Equality/Economic Management//ethical personal life/ Positive feelings and Care for the environment.

https://youtu.be/E9Jnk-ng_BQ Published on Mar 26, 2013 Ο Σωκράτης, σειρά ντοκιμαντέρ «Animated...Φιλόσοφοι».  https://youtu.be/DqNe5VO5M4c Published on Mar 26, 2013 Ο Σωκράτης https://youtu.be/Y-vhrSatLns Published on Mar 18, 2012 O

ΣΩΚΡΑΤΗΣ και η Διδασκαλία του: Sky Greek TV Despina Ferentinou 4605/01/23

Page 47: FORENSIC TECHNIQUES

Despina Ferentinou 4705/01/23

Page 48: FORENSIC TECHNIQUES

Forensic science (often shortened to forensics) is the application of a broad spectrum of sciences to answer questions relevant to the legal system.- Forensic Pathology/Psychiatry/Psychology.

http://www.wpanet.org/detail.php?section_id=11&content_id=472 Forensic Psychiatry

It involves the gathering, identification, and interpretation of pieces of evidence that may be used in a criminal or civil law suit. http://www.enfsi.eu/ European Network of Forensic Scientists Institutes

The techniques of forensic science may also be used by international agencies to evaluate a nation's compliance with agreements about weapons of mass destruction.

48Despina Ferentinou

https://www.gov.uk/government/organisations/forensic-science-regulator/about/membership

Forensic Science Regulator homepage

http://webarchive.nationalarchives.gov.uk/*/https://www.gov.uk/government/organisations/forensic-science-regulator/about/our-governance UK Government Web Archive

05/01/23

Page 49: FORENSIC TECHNIQUES

AMBOISE PARES surgical work laid the groundwork for the development of forensic techniques16th Century Europe: French army surgeon , systematically studied the effects of violent death on internal organs.  Medical practitioners in the army and university settings began to gather information on the causes and the manner of death. 

49Despina Ferentinou 05/01/23

Page 50: FORENSIC TECHNIQUES

Two Italian surgeons, Fortunato Fidelis and Paolo Zacchia, laid the foundation of modern pathology by studying changes that occurred in the structure of the body as a result of disease

Late 1700s, new writings began to appear. These included: A Treatise on Forensic Medicine and Public Health by the French physician Fodéré, and The Complete System of Police Medicine by the German medical expert Johann Peter Franck.

50Despina Ferentinou

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/505120/terms-of-ref.pdf

Police - Crown Prosecution Service - Forensic Science Society - Forensic Science Service of Northern Ireland - Scottish Police Authority - Department of Health (covering

Department policy and Sexual Assault Referral Centres) - Faculty of Forensic and

Legal Medicine - UK Association of Forensic Nurses - The Royal College of Nursing - The

Worshipful Society of Apothecaries of London - United Kingdom Accreditation

Service. SPECIALIST GROUP ORGANISATIONS

05/01/23

Page 51: FORENSIC TECHNIQUES

Despina Ferentinou 51

Joseph Benedict said François Emmanuel January 8, 1764 Saint-Jean-de Maurienne 4 February 1835 in Strasburg.  .

Chair of forensic medicine. Strasbourg   A typhus epidemic led him to publish a treaty in 4 volumes titled lessonson epidemics and public hygiene.His masterpiece is his treatise on forensic medicine, first published  in 1798.

05/01/23

Page 52: FORENSIC TECHNIQUES

Despina Ferentinou 52

Johann Peter Frank (1745-1821)Born on March 19, 1745 in Rodalben, he studied philosophy and medicine at Metz, Heidelberg and Strasbourg. He served some time in France and later served the Margrave of Baden-Baden and the bishop of Speyer. In 1784 he was appointed professor in Gottingen. He was professor of clinical Pavia, which took Joseph II. His program materializing the project to join the Emperor Medicine and surgery, establishing a teaching cycle of five years. Great teacher and organizer of numerous clinical hospital, reorganized and became director of the General Hospital of Vienna. In 1804 he left Vienna and moved to St. Petersburg as personal physician to Tsar Alexander I, where he lived for five years, after which he returned to Vienna where he introduced the specialty of pathology. He died el 24 April 1821.Frank, who coined the slogan "poverty is the mother of the disease", is considered the founder of Hygiene as a science. His great work System einer vollsttindigen medizinischen Polizei (1779-1827) in six volumes and other supplementary points, is considered the most important work on public health.

05/01/23

Page 53: FORENSIC TECHNIQUES

Despina Ferentinou 53

Herschel is credited with being the first European to note the value of fingerprints identification. He recognized that fingerprints were unique and permanent. Herschel documented his own fingerprints over his lifetime to prove permanence. He was also credited with being the first person to use fingerprints in a practical manner. As early as the 1850s, working as a British officer for the Indian Civil Service in the Bengal region of India, he started putting fingerprints on contracts.

05/01/23

Page 54: FORENSIC TECHNIQUES

Despina Ferentinou 54

First Fingerprints taken 1859/60 by William James Herschel (1833-1917) http://galton.org/fingerprints/books/herschel/her

schel-1916-origins-1up.pdf

05/01/23

Page 55: FORENSIC TECHNIQUES

Section 9 Taking fingerprints without consent (1)Section 61 of the 1984 Act (fingerprinting) is amended as follows. (2)For subsections (3) and (4) (taking of fingerprints without appropriate consent) there is substituted— “(3)The fingerprints of a person detained at a police station may be taken without the appropriate consent if— (a)he is detained in consequence of his arrest for a recordable offence; and (b)he has not had his fingerprints taken in the course of the investigation of the offence by the police. (4)The fingerprints of a person detained at a police station may be taken without the appropriate consent if— (a)he has been charged with a recordable offence or informed that he will be reported for such an offence; and (b)he has not had his fingerprints taken in the course of the investigation of the offence by the police.” (3)In subsection (3A) (disregard of incomplete or unsatisfactory fingerprints) for the words from the beginning

to “subsection (3) above” there is substituted “ Where a person mentioned in paragraph (a) of subsection (3) or (4) has already had his fingerprints taken in the course of the investigation of the offence by the police ”.

(4)In subsection (5) (authorisation to be given or confirmed in writing) for “subsection (3)(a) or (4A)” there is substituted “ subsection (4A) ”.

(5)In subsection (7) (reasons for taking of fingerprints without consent) for “subsection (3) or (6)” there is substituted “ subsection (3), (4) or (6)”.

Despina Ferentinou 5505/01/23

Page 56: FORENSIC TECHNIQUES

10Taking non-intimate samples without consent (1)Section 63 of the 1984 Act (other samples) is amended as follows. (2)After subsection (2) (consent to be given in writing) there is inserted— “(2A)A non-intimate sample may be taken from a person without the appropriate

consent if two conditions are satisfied. (2B)The first is that the person is in police detention in consequence of his arrest for a

recordable offence. (2C)The second is that— (a)he has not had a non-intimate sample of the same type and from the same part of the body

taken in the course of the investigation of the offence by the police, or (b)he has had such a sample taken but it proved insufficient.” (3)In subsection (3)(a) (taking of samples without appropriate consent) the words “is in police

detention or” are omitted. (4)In subsection (3A) (taking of samples without appropriate consent after charge) for

“(whether or not he falls within subsection (3)(a) above)” there is substituted “ (whether or not he is in police detention or held in custody by the police on the authority of a court) ”.

(5)In subsection (8A) (reasons for taking of samples without consent) for “subsection (3A)” there is substituted “ subsection (2A), (3A) ”.

Despina Ferentinou 5605/01/23

Page 57: FORENSIC TECHNIQUES

Despina Ferentinou 57

Sir William James Herschel, 2nd Baronet (9 January 1833 – 24 October 1917) was a British ICS of officer in India. He was born in Slough in Buckinghamshire  (now Berkshire ), the third child (of twelve) and the eldest son (of three) of the astronomer,  John Hershel.

05/01/23

Page 58: FORENSIC TECHNIQUES

Despina Ferentinou 58

Frontispiece from Bertillon’s Identification anthropométrique (1893), demonstrating the measurements needed for his anthropometric identification system.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/253831/pace-code-d-2011.pdf

POLICE AND CRIMINAL EVIDENCE ACT 1984 CODE D CODE OF PRACTICE FOR THE IDENTIFICATION OF PERSONS

BY POLICE OFFICERS

Crown copyright 2010

05/01/23

Page 59: FORENSIC TECHNIQUES

Despina Ferentinou 59

https://archive.org/details/identificationa00bertgoog

Texts: Identification anthropometrique; instructions signaletiquesBy Bertillon, Alphonse 1853-1914

Published  1893Topics  Bertillon System

05/01/23

Page 60: FORENSIC TECHNIQUES

Despina Ferentinou 60

The most common type of examination involves handwriting wherein the examiner tries to address concerns about potential authorship.

Other common tasks include determining what has happened to a document, determining when a document was produced, or deciphering information on the document that has been obscured, obliterated, or erased.

The Scientific Working Group for Document Examiners: An examiner "makes scientific examinations, comparisons, and analyses of documents to:

establish genuineness or nongenuineness, or to expose forgery, or to reveal alterations, additions or deletions;

identify or eliminate persons as the source of handwriting; identify or eliminate the source of typewriting or other impression, marks, or

relative evidence; and write reports or give testimony, when needed, to aid the users of the examiner's

services in understanding the examiner's findings."

05/01/23

Page 61: FORENSIC TECHNIQUES

A chemical method for forming metal parts that exactly reproduce a model.

Electrotyping produces “an exact facsimile of any object having an irregular surface, whether it be an engraved steel- or copper-plate, a wood-cut, or a form of set-up type, to be used for printing; or a medal, medallion, statue, bust, or even a natural object, for art purposes.”

Compounds to preserve footprints, ballistics , and the dynamometer, used to determine the degree of force used in breaking and entering.

Technicalapparatus for electrotyping. An electric current flows from the battery, through the copper anode, the electrolyte, and the coated mold. A copper film (the electrotype) grows onto the electrically conducting coating of the mold.

Despina Ferentinou 6105/01/23

Page 62: FORENSIC TECHNIQUES

Despina Ferentinou 62

Apparatus for the arsenic test, devised by  James Marsh.

Uhlenhuth testThe , Uhlenhuth test-testor the antigen–antibody precipitin test for species, was invented by Paul Uhlenhuth  in 1901 and could distinguish human blood from animal blood, based on the discovery that the blood of different species had one or more characteristic proteins. The test represented a major breakthrough and came to have significant importance in forensic science.The test was further refined for forensic use by the Swiss chemist Maurice Müller in the 1960s.

05/01/23

Page 63: FORENSIC TECHNIQUES

In 1775, Swedish chemist Carl Wilhelm Scheele  devised a way of detecting arsenous oxide (a compound of arsenic ) in corpses, if present in large enough quantities.

This investigation was expanded, in 1806, by German chemist Valentin Ross, who learned to detect the poison in the walls of a victim's stomach, and by English chemist James Marsh, who used chemical processes to confirm arsenic as the cause of death in an 1836 murder trial.

63Despina Ferentinou 05/01/23

Page 64: FORENSIC TECHNIQUES

Despina Ferentinou 64

Swedish Chemist Carl Wilhelm Scheele, natural scientist of the 18th century and a co-founder of modern chemistry, was of German origin and born the seventh child of a family of eleven children in Stralsund on December 19, 1742, as the son of a highly respected merchant.Just like his oldest brother Johann Martin, he soon showed an interest in pharmacy and chemistry. After graduating from secondary school he worked as a pharmacist in Göteborg between 1757 and 1765, then transferred to Malmö, Uppsla and Stockholm before he moved to Köping in 1775, where Carl Wilhelm Scheele stayed until he died on May 21, 1786.From 1775 he was a member of the Swedish academy of science in Stockholm. Scheele discovered various chemical elements and compounds, including manganese, chlorine, tartaric acid, glycerin lactic acid,the adsorption of gases by charcoal and the discovery of oxygen in the air. "Chemical Observations and Experiments on Air and Fire“http://www.carl-wilhelm-scheele.com/

05/01/23

Page 65: FORENSIC TECHNIQUES

DNA fingerprinting was first used in 1984. It was discovered by Sir Alec Jefferys who realized that variation

in the genetic code could be used to identify individuals and to tell individuals apart from one another.

The first application of DNA profiles was used by Jefferys in a double murder mystery in a small England town called Narborough, Leicestershire in 1983.

A 15-year-old school girl by the name of Lynda Mann was raped and murdered in Carlton Hayes psychiatric hospital.

The police did not find a suspect but were able to obtain a semen sample.

DNA database :The national (FBI), the international databases and the European countries (ENFSI).

Despina Ferentinou 6505/01/23

Page 66: FORENSIC TECHNIQUES

Professor Sir Alec Jeffreys Career : Contributing to the Discovery of human truth Professor Sir Alec Jeffreys studied biochemistry and genetics at  Merton College, Oxford. Following

an EMBO Postdoctoral Fellowship at the University of Amsterdam  where, with Dr Richard Flavel, he was one of the first to discover split genes.He moved in 1977 to the Department of Genetics  at the University of Leicester where he currently holds the positions of Professor of Genetics and Royal Society Wolfson Research Professor.

Professor Jeffreys’ research at Leicester focuses on exploring human DNA diversity and the mutation processes that create this diversity. He was one of the first to discover inherited variation in human DNA, then went on to invent DNA fingerprinting, showing how it can be used to resolve issues of identity and kinship and creating the field of forensic DNA. The subsequent impact of DNA on solving paternity and immigration cases, catching criminals and freeing the innocent has been extraordinary, directly affecting the lives of millions of people worldwide.

His current work is aimed at trying to understand how variation is generated in human DNA, by developing new and very powerful techniques to detect spontaneous changes in the genetic information as it is transmitted from parent to child.

Professor Jeffreys’ work has received widespread recognition, including his election to the Roayal Society  in 1986, a Knighthood for services to genetics in 1994 and conferment of the title of Honorary Freeman of the Cityof Leicester  in 1993. Other awards include the Louis- Jeantet Prize for Medicine   (2004), the Lasker Award  (2005) and the Heineken Prize  (2006). In 2007 he was voted Morgan Stanley Greatest Briton. He is married with two daughters and two grandsons, and enjoys reading novels and surfing in Cornwall.

Despina Ferentinou 66

http://www2.le.ac.uk/departments/genetics/jeffreys/biography

05/01/23

Page 67: FORENSIC TECHNIQUES

http://www.promega.co.uk/~/media/files/resources/profiles%20in%20dna/1002/an%20interview%20with%20sir%20alec%20jeffreys.pdf?la=en

https://www.timeshighereducation.com/features/the-small-scientist/407947.article?sectioncode=26&storycode=407947

http://news.bbc.co.uk/1/hi/programmes/newsnight/8245312.stm http://news.bbc.co.uk/1/hi/programmes/newsnight/8244531.stm 1987

Newsnight report on debut of DNA evidence http://www.pnas.org/content/103/24/8918.full Profile of Alec J.

Jeffreys http://www.bbc.co.uk/leicester/content/articles/2007/10/31/legends_a

lec_jeffreys_feature.shtml

http://www2.le.ac.uk/offices/press/videos-1

Despina Ferentinou 6705/01/23

Page 68: FORENSIC TECHNIQUES

A. Crime as an Outcome of Individual Decisions: The “Classical School” of Criminology. Emanated from the work of the Italian

scholar Cesare de Beccaria- His book, Crimes and Punishment 1764 was very influential and initiated penal

reforms in the second half of 18th century. This historical era was characterised by the application of philosophical reasoning

to enquire into the likely causes and consequences of human action. Human beings were regarded as possessing “free will”, which they exercised on

the basis of principles of pleasure and pain. Thus, the individuals were thought to calculate the likely benefits and costs of different courses of action, whether or not to commit a crime.

These ideas found a resonance in the thinking of the English utilitarian philosopher, Jeremy Bentham.

Regular practice of torture of criminals discontinued through reforms in penal practices in European countries, as punishment was undesirable, it should be proportionate to the crime and applied only as a means of deterrence. Procedures of criminal convictions should be public. Condemned the death penalty.

Despina Ferentinou 6805/01/23

Page 69: FORENSIC TECHNIQUES

69

https://it.wikisource.org/wiki/Dei_delitti_e_delle_pene/Capitolo_XXVIII#Non_.C3.A8_l.27intensione

https://it.wikisource.org/wiki/Dei_delitti_e_delle_pene/Capitolo_XVI#Un_uomo_non_pu.C3.B2_chiamarsi

Despina Ferentinou 05/01/23

Page 70: FORENSIC TECHNIQUES

https://it.wikisource.org/wiki/Dei_delitti_e_delle_pene/Capitolo_VII#Le_precedenti_riflessioni On Crimes and Punishments / Chapter VII Errors in the measurement of the punishment

https://it.wikisource.org/wiki/Dei_delitti_e_delle_pene/Capitolo_XII#il_fine_delle_pene Chapter XII End of sentences

https://it.wikisource.org/wiki/Dei_delitti_e_delle_pene/Capitolo_XXVI#Qual_.C3.A8_il_fine  Chapter XXVI The family spirit

https://it.wikisource.org/wiki/Dei_delitti_e_delle_pene/Capitolo_XVII#I_delitti_degli_uomini chapter seventeenth

https://it.wikisource.org/wiki/Dei_delitti_e_delle_pene/Capitolo_XLVII#teorema_generale On Crimes and Punishments / Chapter XLVII -Chapter Forty-Seventh-Conclusion

Despina Ferentinou 7005/01/23

Page 71: FORENSIC TECHNIQUES

B. Crime as a Product of Social Forces. “ The Cartographic School” First national crime statistics are reported-traced its origins in France in 1827.That

enabled Andre-Michel Guerry, a French lawyer and Adolphe Quetelet , a Belgian mathematician and astronomer, to carry out a new type of study utilising criminal statistics maps and charts, examining the geographical distribution of crime.

The authors searched for the association between crime and poverty. Important relationships were detected between crime rates and factors of age, sex, population density, urban development, illiteracy and drinking.

The rate of crime appeared to be particularly high where there were adjacent areas of relatively poverty and affluence.

Mapping Crime: Principle and Practice, by Keith Harries, Ph.D., December 1999

Despina Ferentinou 71

https://www.ncjrs.gov/html/nij/mapping/front.html

05/01/23

Page 72: FORENSIC TECHNIQUES

C. Crime as a Function of Differences between Individuals: The “Anthropological school” In the nineteenth century, paralleling the ideas of Charles Darvin and

evolutionary theory other criminologists presupposed the crime could be understood on the basis of biologically noted differences between individuals.

An Italian army doctor, Cesare Lobroso, studied physical features of groups of habitual criminals.

He observed a much higher rate of anomalies in the structure of the skull than were found among a comparison group of soldiers.

Lobrozo proposed that repeated criminality was an indication of atavistic character persistent criminals exemplified an earlier stage of human evolution.

A replication of this study by Charles Goring with prisoners and soldiers carried out in Britain between 1901 and 1913 failed to support the theory.

Despina Ferentinou 7205/01/23

Page 73: FORENSIC TECHNIQUES

Despina Ferentinou 73

Cesare Lombroso, (born Nov. 6, 1835, Verona Austrian Empire [now in Italy]—died Oct. 19, 1909, Turin Italy. Italian criminologist whose views, though now largely discredited, brought about a shift in criminology from a legalistic preoccupation with crime to a scientific study of criminals.Lombroso studied at the universities of Padua, Vienna, and Paris, and from 1862 to 1876 he was professor of psychiatry at the University of Pavia. In 1871 he became director of the mental asylum at Pesaro, and in 1876 he became professor of forensic medicine  and hygiene at the University of Turin where he subsequently held appointments as professor of psychiatry (1896) and then of criminal anthropology (1906 ). •Used Britannica for this Biography

Lombroso tried to discern a possible relationship between criminal psychopathology and physical or constitutional defects. His chief contention was the existence of a hereditary, or atavistic, class of criminals who are in effect biological throwbacks to a more primitive stage of human evolution. Lombroso contended that such criminals exhibit a higher percentage of physical and mental anomalies than do noncriminals. Among these anomalies, which he termed stigmata, were various unusual skull sizes and asymmetries of the facial bones. Lombroso’s theories were widely influential in Europe for a time, but his emphasis on hereditary causes of crime was later strongly rejected in favour of environmental factors. Lombroso tried to reform the Italian penal system, and he encouraged more humane and constructive treatment of convicts through the use of work programs intended to make them more productive members of society. Among his books are L’uomo delinquente (1876; “The Criminal Man”) and Le Crime, causes et remèdes (1899; Crime, Its Causes and Remedies).

http://www.atlasobscura.com/places/cesare-lombrosos-museum-of-criminal-anthropology

05/01/23

Page 74: FORENSIC TECHNIQUES

https://archive.org/stream/criminalmanaccor00lomb#page/n14/mode/1up CESARE LOMBROSO Criminal Man

• CHARLES GORING :He was educated at the University of London, receiving his B.Sc. in 1895 and his M.D. in 1903. In 1893, he was awarded the John Stuart Mill Studentship in Philosophy of Mind and Logic, and four years later was elected a Fellow of University College. From 1902 until his death in 1919, he was employed as medical officer in various English prisons.

• https://archive.org/stream/englishconvictst00goriuoft#page/n0/mode/1up The English Convict A Statistical Study

http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1300&context=jclc 1914 Charles Goring 's the English Convict a Symposium William A. White Journal of Criminal Law and Criminology

Despina Ferentinou 7405/01/23

Page 75: FORENSIC TECHNIQUES

D. Crime as Normal and Inevitable Control Theories. A reversal approach to thinking about crime involves a reversal of starting points.

What if the purpose of criminological theory were to explain, not why some individuals break the law, but why much of the time, most do not. Attention focused on those restraining factors that keep crime under control and on what happens in circumstances in which they break down for example in conditions of social disorganisation. This tradition of thought stems initially from the work of the “social contract” theorists to the Enlightment, such as Rousseau and Voltaire.

Other concepts within it are derived from the work of French sociologist Emil Durkhein towards the end of the ninetieth century.

Pre-supposition that the needs or wishes of the individual and those of society are often in opposition to each other. If allowed to do so individuals will act primarily in pursuit of their own private ends and without regards for the others. Conformity to society’s expectations cannot be granted. On the contrary crime is “normal”. The process of socialisation is one in which authority figures such as parents and teachers must expand considerable effort trying to ensure that developing children learn to behave in a socially acceptable way.

Despina Ferentinou 7505/01/23

Page 76: FORENSIC TECHNIQUES

Despina Ferentinou 76

Jean-Jacques Rousseau 28 June 1712 – 2 July 1778) Geneva philosopher, writer, and composer of the 18th century, signed his books "Jean-Jacques Rousseau, Citizen of Geneva“. Geneva, in theory, was governed democratically by its male voting "citizens“. His political philosophy influenced the Enlightenment in France and across Europe, as well as aspects of the French Revolution and the overall development of modern political and educational thought.

http://www.earlymoderntexts.com/assets/pdfs/rousseau1762.pdf

http://sourcebooks.fordham.edu/mod/rousseau-soccon.asp

05/01/23

Page 77: FORENSIC TECHNIQUES

In Book I : Rousseau discusses not only his fundamental philosophy but also begins to outline how one would have to raise a child to conform with that philosophy. He begins with the early physical and emotional development of the infant and the child.

Emile attempts to "find a way of resolving the contradictions between the natural man who is 'all for himself' and the implications of life in society.” The famous opening line does not bode well for the educational project — "Everything is good as it leaves the hands of the Author of things; everything degenerates in the hands of man". But Rousseau acknowledges that every society "must choose between making a man or a citizen"and that the best "social institutions are those that best know how to denature man, to take his absolute existence from him in order to give him a relative one and transport the I into the common unity".To "denature man" for Rousseau is to suppress some of the "natural" instincts that he extols in THE SOCIAL CONTRACT , published the same year as Emile, but while it might seem that for Rousseau such a process would be entirely negative, this is not so. Emile is not a panegyric for the loss of the noble savage, a term Rousseau never actually used. Instead, it is an effort to explain how natural man can live within society.

Book II The second book concerns the initial interactions of the child with the world. Rousseau believed that at this phase education should be derived less from books and more from their interactions with the world, with an emphasis on developing the senses, and the ability to draw inferences from them. Rousseau concludes the chapter with an example of a boy who has been successfully educated through this phase -through inference and understanding of the physical world, the child is able to succeed in his task. In some ways, this approach is the precursor of the Montessori Method.

http://amshq.org/Montessori-Education/Introduction-to-Montessori http://amshq.org/Montessori-Education/Montessori-Videos Book III:The third book concerns the selection of a trade Rousseau believed it necessary that the child must

be taught a manual skill appropriate to his gender and age, and suitable to his inclinations, by worthy role models.

Despina Ferentinou 7705/01/23

Page 78: FORENSIC TECHNIQUES

Book IV FronBook IV Frontispiece to Rousseau's Émileby De Launay for the 1782 edition tispiece to Rousseau's Émileby De Launay for the 1782 edition. The original caption reads: "L'éducation de

l'homme commence à sa naissance" ("A man's education begins at birth"). Once Emile is physically strong and learns to carefully observe the world around him, he is ready for the last

part of his education — sentiment: ".  We have made an active and thinking being. It remains for us, in order to complete the man, only to make a loving and feeling being — that is to say, to perfect reason by sentiment" Emile is a teenager at this point and it is only now that Rousseau believes he is capable of understanding complex human emotions, particularly sympathy. Rousseau argues that the child cannot put himself in the place of others but once adolescence has been reached and he is able do so, Emile can finally be brought into the world and socialized.

In addition to introducing a newly passionate Emile to society during his adolescent years, the tutor also introduces him to religion. According to Rousseau, children cannot understand abstract concepts such as the soul before the age of about fifteen or sixteen, so to introduce religion to them is dangerous. (I would disagree on this point as Christianity cultivates the soul-character and behaviour of people.) He writes: "It is a lesser evil to be unaware of the divinity than to offend it". Moreover, because children are incapable of understanding the difficult concepts that are part of religion, he points out that children will only recite what is told to them — they are unable to believe.( Christ spoke with simple parabolas in order for the children to understand).

Book IV also contains the famous "Profession of Faith of the Savoyard Vicar", the section that was largely responsible for the condemnation of Emile and the one most frequently excerpted and published independently of its parent tome. Rousseau writes at the end of the "Profession": "I have transcribed this writing not as a rule for the sentiments that one ought to follow in religious matters, but as an example of the way one can reason with one’s pupil in order not to diverge from the method. I have tried to establish".Rousseau, through the priest, leads his readers through an argument which concludes only to belief in “natural religion”If he must have another religion", Rousseau writes (that is, beyond a basic "natural religion"), "I no longer have the right to be his guide in that".

Despina Ferentinou 7805/01/23

Page 79: FORENSIC TECHNIQUES

Book V In Book V, Rousseau turns to the education of Sophie, Emile's wife-to-be. This brief description of female education sparked an immense contemporary response, perhaps even more so than Emile itself. Rousseau begins his description of Sophie, the ideal woman, by describing the differences between men and women in a famous passage:

In what they have in common, they are equal. Where they differ, they are not comparable. A perfect woman and a perfect man ought not to resemble each other in mind any more than in looks, and perfection is not susceptible of more or less. In the union of the sexes each contributes equally to the common aim, but not in the same way. From this diversity arises the first assignable difference in the moral relations of the two sexes.

For Rousseau, "everything man and woman have in common belongs to the species, and ... everything which distinguishes them belongs to the sex".Rousseau states that women should be "passive and weak", "put up little resistance" and are "made specially to please man"; he adds, however, that "man ought to please her in turn", and he explains the dominance of man as a function of "the sole fact of his strength", that is, as a strictly "natural" law, prior to the introduction of "the law of love". ( Again , I disagree as Christ changed the perception people had for women, calling and praising women with significant priorities such as the Word of God, respecting their freedom of choice: Martha and Maria).

Rousseau also touches on the political upbringing of Emile in book V by including a concise version of his Social Contract in the book. His political treatise The Social Contract was published in the same year as Emile and was likewise soon banned by the government for its controversial theories on general will .The version of this work in Emile, however, does not go into detail concerning the tension between the Sovereign and the Executive, but instead refer the reader to the original work.

Despina Ferentinou 7905/01/23

Page 80: FORENSIC TECHNIQUES

“In the incomplete sequel to Emile, Émile et Sophie (English: Emilius and Sophia), published after Rousseau's death, Sophie is unfaithful (in what is hinted at might be a drugged rape), and Emile, initially furious with her betrayal, remarks "the adulteries of the women of the world are not more than gallantries; but Sophia an adulteress is the most odious of all monsters; the distance between what she was, and what she is, is immense. No! there is no disgrace, no crime equal to hers".He later relents somewhat, blaming himself for taking her to a city full of temptation, but he still abandons her and their children. Throughout the agonized internal monologue, represented through letters to his old tutor, he repeatedly comments on all of the affective ties that he has formed in his domestic life — "the chains [his heart] forged for itself".As he begins to recover from the shock, the reader is led to believe that these "chains" are not worth the price of possible pain — "By renouncing my attachments to a single spot, I extended them to the whole earth, and, while I ceased to be a citizen, became truly a man“. While in La Nouvelle Héloïse the ideal is domestic, rural happiness (if not bliss), in Emile and its sequel the ideal is "emotional self-sufficiency which was the natural state of primitive, pre-social man, but which for modern man can be attained only by the suppression of his natural inclinations". According to Dr. Wilson Paiva, member of the Rousseau Association, "[L]eft unfinished, Émile et Sophie reminds us of Rousseau's incomparable talent for producing a brilliant conjugation of literature and philosophy, as well as a productive approach of sentiment and reason through education”.

Used the summaries of Wikipedia for this theme.

Despina Ferentinou 8005/01/23

Page 81: FORENSIC TECHNIQUES

Despina Ferentinou 81

François-Marie Arouet Voltaire writer, historian and philosopher 21 November 1694 – 30 May 1778 lawyer advocacy on freedom of religion, freedom of expression and separationof church and state.

Voltaire was imprisoned in the  Bastille from 16 May 1717 to 15 April 1718 in a windowless cell with ten-foot thick walls.

05/01/23

Page 82: FORENSIC TECHNIQUES

"Si Dieu n'existait pas, il faudrait l'inventer“("If God did not exist, it would be necessary to invent him")

Despina Ferentinou 82

http://www.voltaire.ox.ac.uk/www_vf/default.ssi

https://archive.org/stream/cu31924014251064#page/n57/mode/1up

05/01/23

Page 83: FORENSIC TECHNIQUES

For if society lacks the unity that derives from the fact that the relationships between its parts are exactly regulated, that unity resulting from the harmonious articulation of its various functions assured by effective discipline and if, in addition, society lacks the unity based upon the commitment of men's wills to a common objective, then it is no more than a pile of sand that the least jolt or the slightest puff will suffice to scatter. Émile Durkheim.

Despina Ferentinou 8305/01/23

Page 84: FORENSIC TECHNIQUES

Social pathologies and crime As the society, Durkheim noted there are several possible  pathologies that could lead to a breakdown of social

integration and disintegration of the society: the two most important ones are anomie  and forced division of labour; lesser ones include the lack of coordination and suicide.

 By anomie Durkheim means a state when too rapid population growth reduces the amount of interaction between various groups, which in turn leads a breakdown of understanding (norms, values, and so on). 

By forced division of labour Durkheim means a situation where power holders, driven by their desire for profit (greed), results in people doing the work they are unsuited for. Such people are unhappy, and their desire to change the system can destabilize the society.

Durkheim's views on crime were a departure from conventional notions. He believed that crime is "bound up with the fundamental conditions of all social life “ and serves a social function. He stated that crime implies, "not only that the way remains open to necessary changes but that in certain cases it directly prepares these changes."[Examining the trial of Socrates , he argues that "his crime, namely, the independence of his thought, rendered a service not only to humanity but to his country" as "it served to prepare a new morality and faith that the Athenians needed"..As such, his crime "was a useful prelude to reforms".In this sense, he saw crime as being able to release certain social tensions and so have a cleansing or purging effect in society. He further stated that "the authority which the moral conscience enjoys must not be excessive; otherwise, no-one would dare to criticize it, and it would too easily congeal into an immutable form. To make progress, individual originality must be able to express itself...[even] the originality of the criminal... shall also be possible". ( Summary as in Wikipedia)

Despina Ferentinou 8405/01/23

Page 85: FORENSIC TECHNIQUES

Suicide: No. In  Suicide (1897), Durkheim explores the differing suicide rates among Protestants and Catholics, arguing

that stronger social control among Catholics results in lower suicide rates. According to Durkheim, Catholic society has normal levels of integration while Protestant society has low levels. Overall, Durkheim treated suicide as a  social fact, explaining variations in its rate on a macro level, considering society-scale phenomena such as lack of connections between people (group attachment) and lack of regulations of behaviour, rather than individuals' feelings and motivations.

This study has been extensively discussed by later scholars and several major criticisms have emerged. First, Durkheim took most of his data from earlier researchers, notably Adolph Wagner  and  Henry Morselli, who were much more careful in generalizing from their own data. Second, later researchers found that the Protestant–Catholic differences in suicide seemed to be limited to  German-speaking Europe and thus may have always been the spurious reflection of other factors. Durkheim's study of suicide has been criticized as an example of the logical error it termed the ecological fallacy. However, diverging views have contested whether Durkheim's work really contained an ecological fallacy. More recent authors such as Berk (2006) have also questioned the micro-macro relations underlying Durkheim's work. Some, such as Inkeles (1959),Johnson (1965) and Gibbs (1968), have claimed that Durkheim's only intent was to explain suicide sociologically within a holistic perspective, emphasizing that "he intended his theory to explain variation among social environments in the incidence of suicide, not the suicides of particular individuals."

Despite its limitations, Durkheim's work on suicide has influenced proponents of control theory , and is often mentioned as a classic sociological study. The book pioneered modern social research and served to distinguish social science from psychology and political philosophy. 

Despina Ferentinou 8505/01/23

Page 86: FORENSIC TECHNIQUES

Despina Ferentinou 86

http://www.statistics.gr/-/apantese-se-demosieuma-tou-

typou-gia-autoktonies

05/01/23

Page 87: FORENSIC TECHNIQUES

Piraeus, 31/03/2014 HELLENIC STATISTICAL AUTHORITY PRESS RELEASE Causes of death: 2012 The Hellenic Statistical Authority announces statistical data reflecting the causes of

deaths for the year 2012. The data sources are the death certificates submitted by medical practitioners and, for sudden or violent deaths, by the Forensic Medicine Authorities.

In 2012, deaths recorded an increase by 5%, thus amounting to 116.668 (60.135 men and 56.533 women) in comparison with 111.099 (57.999 men and 53.100 women), which was the corresponding figure for 2011. Following the trend of the latest years, the major causes of death for 2012 were cardiovascular diseases with 49.728 deaths, followed by neoplasms with 28.201 deaths and then by diseases of the respiratory system with 11.384 deaths (Table 1).

In comparison with the previous years, the percentage of deaths caused by cardiovascular diseases rose from 10% in 1938 (first year for which analytical data were made available) to 25% in 1956 (first year after the Second World War for which data are available) and up to 43% in 2012.

The corresponding percentage of deaths caused by neoplasms rose from 4% in 1938 to 24% in 2012. On the contrary, deaths caused by infectious and parasitic diseases, which in 1938 amounted to 18,5%, have dropped significantly to less than 1% in 2012 (Table 2, Graph 2).

The number of deaths due to suicides, as recorded by the Forensic Medicine and Criminal Investigation Authorities, amounted to 508 in 2012, compared with 477 in 2011. It should be noted that any discrepancies from the corresponding data of other agencies may be on account of different methodology used or other underlying factors, such as the need for time-consuming research by the Forensic Medicine Services in order to investigate the conditions resulting .o the death, deaths caused by late effects after a failed suicide attempt.

http://www.statistics.gr/documents/20181/995799/Causes+of+death/be2142cf-ac41-4e0a-9cd3-95c46b33e241?version=1.0

Despina Ferentinou 8705/01/23

Page 88: FORENSIC TECHNIQUES

The Chicago school The  Chicago school arose in the early twentieth century, through the work of 

Robert E. Park Ernest Burgess, and other  urban sociologists at the University of Chicago. In the 1920s, Park and Burgess identified five  concentric zones that often exist as cities grow, including the "zone in transition", which was identified as most volatile and subject to disorder.

In the 1940s, Henry McKay and Clifford R. Shaw focused on juvenile delinquents , finding that they were concentrated in the zone of transition.

Chicago School sociologists adopted a social ecology approach to studying cities and postulated that urban neighbourhoods with high levels of poverty often experience breakdown in the social structure  and institutions such as family and schools. This results in  social disorganization, which reduces the ability of these institutions to control behaviour and creates an environment ripe for deviant behaviour. 

Other researchers suggested an added social-psychological link. Edwin Sutherland suggested that people learn criminal behaviour from older, more experienced criminals with whom they may associate.

Despina Ferentinou 8805/01/23

Page 89: FORENSIC TECHNIQUES

Despina Ferentinou 89

Conceptualized the city into the concentric zones-

Concentric zone model.Including the central business

district  transitional (industrial, deteriorating housing), working-class

residential ( tenements),residential, and

commuter/ suburban.

Emerged 1920s 1930s-Ecological School /Symbolic

Interactionist:Herbert Blumer/ It has focused on human behaviour as

shaped by social structures and physical environmental factors, rather than genetic and personal

characteristics.It looks the absence or breakdown of social

management mechanisms.

05/01/23

Page 90: FORENSIC TECHNIQUES

Despina Ferentinou 9005/01/23

Page 91: FORENSIC TECHNIQUES

Despina Ferentinou 91

Berenice Abbott (July 17, 1898 December 9, 1991)

AUGUST MACKEKinder am Brunnen II, 1910

05/01/23

Page 92: FORENSIC TECHNIQUES

Despina Ferentinou 92

Dorothea Lange was born in Hoboken, New Jersey, in 1895 and studied photography in New York City before the First World War. In 1919, she moved to San Francisco, where she earned her living as a portrait photographer for more than a decade. During the Depression’s early years Lange’s interest in social issues grew and she began to photograph the city’s dispossessed. A 1934 exhibition of these photographs introduced her to Paul Taylor, an associate professor of economics at the University of California at Berkeley, and in February 1935 the couple together documented migrant farm workers in Nipomo and the Imperial Valley for the California State Emergency Relief Administration..

05/01/23

Page 93: FORENSIC TECHNIQUES

Μέτρα επανόρθωσης : The Seisachtheia = removal of burdens: people had their loads removed from them. Solon liberated the people once and for all, by prohibiting all loans on the security of the debtor’s person: and in addition he made laws by which he cancelled all debts, public and private. 

 Σεισάχθεια , από το σείω που σημαίνει αφαιρώ και το άχθος που σημαίνει βάρος): Στα πλαίσια τηςσεισάχθειας (αποτίναξης βαρών), ο Σόλων κατήργησε τα υφιστάμενα χρέη ιδιωτών προς ιδιώτες και προς το δημόσιο,

Aπελευθέρωσε όσους Αθηναίους είχαν γίνει  δούλοι   λόγω χρεών στην ίδια την Αθήνα και επανέφερε στην πόλη όσους εν τω μεταξύ είχαν μεταπωληθεί στο εξωτερικό.

Επανέφερε όσους είχαν πουληθεί νόμιμα ή παράνομα έξω από την Αττική και όσους είχαν εγκαταλείψει την Αθήνα λόγω ανάγκης και πιο συγκεκριμένα εξαιτίας των χρεών τους.

Επίσης, επανέφερε και τις οικογένειες όσων είχαν πουληθεί ή εξοριστεί, οι οποίες τους είχαν ακολουθήσει από την πρώτη στιγμή της εκδίωξής τους από την Αθήνα. 

Kατάργησε το δανεισμό με εγγύηση το σώμα (προσωπική ελευθερία) του δανειολήπτη και των μελών της οικογένειάς του.

Despina Ferentinou 9305/01/23

Page 94: FORENSIC TECHNIQUES

Solon repealed existing debts to private individuals and the public, liberating those Athenians who had become debt slaves in Athens and reinstated in the city the people who in the meantime had resold abroad. Enacted the prohibition on a debtor's person being used as security for a loan.

 It lowered the debts to such an extent, that the debts of the poor, were almost deleted or written off and facilitated the payment of the mortgages of the land.

Solon proceeded to new fiscal and monetary social adaptations. Solon devalued the silver Drachma to 1/4 and some more and in that way100 new drachmas contained as silver 72.5 antique.

(A reasonable citizen or person would think that with the social upgrading of peoples’ new economic being -after the currency devaluation-, the opposite may maybe beneficial in job stability for the era to follow).

Need for fair economic upgrading.

Despina Ferentinou 9405/01/23

Page 95: FORENSIC TECHNIQUES

Courts and Court structure: Solon Greek Philosopher and Legislator-: Predominant position of the Areopagus as guardian of the constitution. He assigned to the Council of the Areopagus the duty of superintending the laws, acting as before as the guardian of the constitution in general. It kept watch over the affairs of the state in most of the more important matters, and corrected offenders, with full powers to inflict either fines or personal punishment..

Δικαστήρια: (Magistrates). (The appeal to the Jury-Courts.) - Areopagus -Ο Σόλων έδωσε τη δυνατότητα σε κάθε πολίτη, όχι μόνο στον παθόντα, να καταγγέλλει στον Άρειο Πάγο με εισαγγελία (αγωγή) οποιονδήποτε, ακόμα και άρχοντα, και να εμφανίζεται ως κατήγορος. Solon awarded the right to every person who so willed to claim redress on behalf of any one to whom wrong was being done and enacted the institution of the appeal to the jury-courts, Incorporated institutionally the General right to claim redress of wrong.

Με αυτό τον τρόπο κατοχυρώθηκε ουσιαστικά το έννομο συμφέρον του απλού πολίτη σε σχέση με την άσκηση της εξουσίας από τα κρατικά όργανα, ακόμα και αν οι ενέργειες των κρατικών οργάνων δεν τον έβλαπταν άμεσα.

Ίδρυσε την Ηλιαία, ένα λαϊκό δικαστήριο με πολλά μέλη, ως αντίβαρο του Αρείου Πάγου σε θέματα απονομής δικαιοσύνης. Η ακριβής σύνθεση της σολώνειας Ηλιαίας δεν είναι γνωστή και δεν αποκλείεται να πρόκειται απλώς για την ίδια την εκκλησία του δήμου, όταν αυτή συνεδρίαζε ως δικαστήριο. Στην Ηλιαία μπορούσε να προσφύγει οποιοσδήποτε εναντίον δικαστικής αποφάσεως αρχόντων. Το όνομά της προέρχεται από το ουσ. ηλία=αλία, που σημαίνει εκκλησία, σύναξη. Η κλασική διαμόρφωση της Ηλιαίας σε «δεξαμενή» 6000 κληρωμένων Αθηναίων άνω των 30 ετών, από την οποία λαμβάνονταν οι δικαστές για τα ηλιαστικά δικαστήρια, οφείλεται στις μεταρρυθμίσεις του έτους 462 π.Χ. από τον εφιάλτη.

Heliaia. Another Supreme court. Congregations were taking place outdoors, under the sun. The judges were called heliasts (Ήλιασταί) or dikasts (δικαστα ).The court had 6,000 members, chosen annually by lot among all the male citizens over 30 years old, unless they were in debt to the Treasury or disfranchised, namely deprived of their civil rights through the humiliating punishment of atimia .(Atimia could be inflicted as a penalty by the courts for crimes such as bribery, embezzlement, false witness, and breach of duty as a public officer). The masses have owed their strength through the establishment of a New Court most of all, since, when the democracy is master of the voting-power, it is master of the constitution. Initially, the Heliaia's jurisdiction was limited to judging the archons and, probably, some other similar accusations against public office-holders. Heliaia functioned as a court for litigation of public, criminal and private international law.( The Areios Pagos  kept its competence only for the crimes  of murder and arson  while the  archons could impose some minor fines. )Heliaia replaced the Areios Pagos in the execution of the legal control of the decisions of the Ecclesia.

Need for open public accountability procedures today. When did the debtors managed to write off their own debts ?

Despina Ferentinou 9505/01/23

Page 96: FORENSIC TECHNIQUES

 Socrates was accused of impiety by Meletus Anytus and Lycon.  His trial took place in 399 BC and the jury found him guilty with 280 votes to 220. His death sentence was decided in a second round of voting, which was even worse for the philosopher. Nonetheless, Socrates did not lose his calm demeanour and, although during the trial he could propose to the jury his self-exile, he did not do it when his friends offered to help him flee afterward, since life away from his beloved city was pointless for him.

Socrates: http://www.ancient.eu/socrates/ https://youtu.be/JThOZMfgeWI Socrates’ Apologia : Published on Apr 18, 2013 Ἡ ἀπολογία τοῦ Σωκράτη (Πλάτων) Pericles: http://www.ancient.eu/pericles/ https://youtu.be/OYZ6noHRENE Pericles Parthenon AthenianGoldenAge Uploaded on Sep 26, 2011 Pericles' trial According to Plutarch Pericles faced, twice, serious accusations. The first one was just before the eruption of the

Peloponnesian War  and the second one was during the first year of the war, when he was punished with a fine, the amount of which was either fifteen or fifty talents. Before the war a bill was passed, on the motion of Dracontides, according to which Pericles should deposit his accounts of public moneys with the prytanes and the jurors should decide upon his case with ballots which had lain upon the altar of the goddess on the acropolis. This clause of the bill was however amended with the motion that the case be tried before fifteen hundred jurors in the ordinary way, whether one wanted to call it a prosecution for embezzlement and bribery, or malversation.

https://youtu.be/c1r2CCgQGSE Published on Dec 22, 2013 National Geographic The Secrets of the Parthenon - Τα μυστικά του Παρθενώνα

https://youtu.be/pyzTAG9V-_o Ακρόπολη ~ Η μηχανή του χρόνου Uploaded on Dec 17, 2011

Despina Ferentinou 96

Trials before Heliaia  Public officials should be accountable to Church Congregations and politicians to the Holy Synods.

05/01/23

Page 97: FORENSIC TECHNIQUES

“The increased prison population of the past decade is the result of a concerted and successful effort to catch, convict and detain for longer periods the most dangerous and serious offenders. However, the causes and symptoms of the current problems and pressures facing our prisons demonstrate to me and to those. I have consulted with that we need a long term strategy to create an affordable and sustainable solution to the limitations in the way we create demands on our custodial resources and then respond to them.” Review of the Prison System in England and Wales Lord Carter’s London Review of Prisons House of Lords dated 5th December 2007

On 16th November 2007 the prison population (including those in police cells) stood at a record 81,547. Current projections indicate that the population will continue to increase and could reach more than 100,000 by 2014: Executive Summary

Since June 1995 the prison population in England and Wales has increased by 60%, or more than the rising prison population have been due to the 30,000, to reach the record levels of population need for a more effective, integrated and seen today. As a result of this, England and Wales ought to aim for more transparent planning mechanisms, developing criminal justice policies.

Despina Ferentinou 97

http://www.apcca.org/uploads/10th_Edition_2013.pdf Greece

12,479 dated 1/1/12 United Kingdom – England & Wales

84,430 27/9/13

http://www.prisonstudies.org/sites/default/files/resources/downloads/

world_prison_population_list_11th_edition.pdf UK: England & Wales

85,843 dated 30.10.15Greece 11,798 Dated 1.1.15

05/01/23

Page 98: FORENSIC TECHNIQUES

http://www.ksg.harvard.edu/netgov/html/research_dna_cj_labs.htm DNA in the Criminal Justice System Forensic Labs in the US

James MacGuire, “Explanations of Criminal Behaviour” Department of Clinical Psychology, University of Liverpool, UK

Andrew Sanders and Richard Young(2000) Criminal Justice Andrew Ashworth (1997) Sentencing in the Oxford Handbook of

Criminology A Faithfull Attempt Painting: Picasso Cubist Faces Cosmic Arts: Portraits of Christ Britannica and Wikipedia Art Work of Paul Gauguin - Emile Bernard- House in the Country Painting: Amanda Hone

98Despina Ferentinou 05/01/23

Page 99: FORENSIC TECHNIQUES

The increased numbers of prison population indicate that public policies should improve. Justice, interactive dialectic social discourses, virtues, ethics and ideals, knowledge and

ideals ought to be part of the teaching of young people and citizens throughout their education. For those who believe in a pre existing creation of human beings, theology is a necessary part of learning in order to comprehend difference in human perceptions.

“Πολλοὶ γὰρ πλουτεῦσι κακοί, ἀγαθοὶ δὲ πένονται:ἀλλ' ἡμεῖς αὐτοῖς οὐ διαμειψόμεθατῆς ἀρετῆς τὸν πλοῦτον: ἐπεὶ τὸ μὲν ἔμπεδον αἰεί,χρήματα δ' ἀνθρώπων ἄλλοτε ἄλλος ἔχει.”

“Some wicked men are rich, some good are poor;We will not change our virtue for their store:Virtue's a thing that none can take away,But money changes owners all the day.”

Despina Ferentinou 9905/01/23

Page 100: FORENSIC TECHNIQUES

Despina Ferentinou 10005/01/23