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Journal articles on the topic 'Evidence, Criminal – Preservation'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Granja, Fernando Tiverio Molina, and Glen D. Rodríguez Rafael. "Model for digital evidence preservation in criminal research institutions - PREDECI." International Journal of Electronic Security and Digital Forensics 9, no. 2 (2017): 150. http://dx.doi.org/10.1504/ijesdf.2017.083989.

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Rodríguez Rafael, Glen D., and Fernando Tiverio Molina Granja. "Model for digital evidence preservation in criminal research institutions - PREDECI." International Journal of Electronic Security and Digital Forensics 9, no. 2 (2017): 150. http://dx.doi.org/10.1504/ijesdf.2017.10004412.

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3

Rogalski, Maciej. "The European Commission’s e-Evidence Proposal – Critical Remarks and Proposals for Changes." European Journal of Crime, Criminal Law and Criminal Justice 28, no. 4 (December 16, 2020): 333–53. http://dx.doi.org/10.1163/15718174-bja10018.

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Abstract In response to problems that exist in practice pertaining to how law enforcement authorities in European Union Member States can obtain electronic evidence concerning the commission of a crime, on 17 April 2018 a Proposal for a Regulation of the European Parliament and of the Council on European Production and Preservation Orders for electronic evidence in criminal matters (COM(2018) 225 final, 2018/0108 (cod)) was published. The proposal contains a series of new solutions aimed at speeding up and facilitating cooperation within the EU on obtaining electronic evidence in criminal matt

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Arifi, Besim. "Physical Evidence." European Journal of Multidisciplinary Studies 1, no. 1 (April 30, 2016): 103. http://dx.doi.org/10.26417/ejms.v1i1.p103-107.

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One of the first actions that the investigation group after arriving in the crime scene or after receiving that call for a crime that has happening is ensuring that evidence and material prove found or can be found at that mentioned location. Documentation of the prove and evidence are important for the entire investigative process during all phases of criminal proceedings in general. Search, finding, photography, picking, packing, examination and presentation in court are the main steps regarding evidence, whether physical or real, whether they witnessed or en the form of statements. Given th

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5

Burnham, William, and Jeffrey Kahn. "Russia's Criminal Procedure Code Five Years Out." Review of Central and East European Law 33, no. 1 (2008): 1–94. http://dx.doi.org/10.1163/092598808x262533.

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AbstractAfter a long delay in drafting, a new Criminal Procedure Code for Russia was passed in 2001 and went into effect in 2002. The new Code contains some striking innovations, most notably changes at the trial stage, which implement the constitutional requirement of adversarial principles. However, it also preserves several remnants of the past, particularly its preservation of the formal pretrial investigation, during which evidence is analyzed and compiled in a dossier, which then dominates the trial of the case. The result is that old and new constantly contend with each other. Implement

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Bradfield, Paul. "Preserving Vulnerable Evidence at the International Criminal Court – the Article 56 Milestone in Ongwen." International Criminal Law Review 19, no. 3 (May 11, 2019): 373–411. http://dx.doi.org/10.1163/15718123-01903001.

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Article 56 of the Rome Statute allows for the preservation of evidence that may not be available at trial. In 2015, this provision was invoked to record the testimony of seven vulnerable victims of sexual and gender-based crimes in the Dominic Ongwen case. Occurring in the pre-trial phase of the case, before charges were pleaded or even confirmed, this overlooked development sets an important judicial precedent at the International Criminal Court (icc). It represents a milestone precedent for future cases, not just in terms of circumventing situations of witness interference, but more importan

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Karagiannis, Christos, and Kostas Vergidis. "Digital Evidence and Cloud Forensics: Contemporary Legal Challenges and the Power of Disposal." Information 12, no. 5 (April 22, 2021): 181. http://dx.doi.org/10.3390/info12050181.

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Fighting crime in cyberspace requires law enforcement authorities to immerse in a digital ocean of vast amount of information and also to acquire and objectify the evidence of criminal activity. Handling digital evidence is a complex and multifaceted process as they can provide critical evidentiary information in an unquestionable and irrefutable way. When digital evidence resides in a cloud storage environment the criminal investigation is faced with unprecedented contemporary legal challenges. In this paper, the authors identify three main legal challenges that arise from the current cloud-b

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8

Zakharko, Andriy. "Fixation of evidence in the course of proving." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (September 30, 2020): 168–73. http://dx.doi.org/10.31733/2078-3566-2020-3-168-173.

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The article deals with criminal procedural regulation of the powers of the parties to criminal proceedings, the investigating judge, the court to consolidate evidence in the evidentiary process. Criminal procedural scientific and methodological sources, textbooks are analyzed to clarify the essence of the construction of "consolidation of evidence". The position of scientists on the coverage of the "consolidation of evidence" activities related to the adaptation of traces of the crime and other facts to use in evidence hsd been supported. The competence of different subjects of evidence at the

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9

Tatyanina, L. G. "SEPARATION AND CONNECTION OF CRIMINAL CASES AT THE PRELIMINARY STAGE HEARING." Bulletin of Udmurt University. Series Economics and Law 30, no. 3 (June 26, 2020): 445–50. http://dx.doi.org/10.35634/2412-9593-2020-30-3-445-450.

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The article deals with the debatable issues of connecting and separating criminal cases in preparation for a court session. Despite the fact that the legislator provided for the possibility of making these decisions, many issues related to their implementation remained unresolved, so it became necessary to determine the grounds and conditions for making a decision to combine and separate criminal cases at a preliminary hearing. The article highlights the problems that arise in connection with the consideration of applications for joining and separating criminal cases. The author formulated con

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10

Umbarkar, Pankaj, and Priyanka R. Mohod. "Reflections on the Symptoms of Humanitarian Principles in the Investigations of International Crimes – A Study on Admissibility of Electronic Evidences in International Trials." Revista Gestão Inovação e Tecnologias 11, no. 4 (September 16, 2021): 5520–32. http://dx.doi.org/10.47059/revistageintec.v11i4.2576.

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The establishment of the International Criminal Tribunal's post-World War II is the clear sign of augmented figure of International Crimes especially. The culmination of flagship tribunals like Yugoslavia and Rwanda opened the new phase for several significant questions such as the maintenance of humanitarian principles throughout the investigation, relevancy of evidence, authenticity, and overall mechanism and its legality too. The chances of an independent investigation mechanism for international crimes may also not be denied. Under such a state of affairs, the issues of collection, preserv

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11

Haworth, Kate. "Tapes, transcripts and trials." International Journal of Evidence & Proof 22, no. 4 (October 2018): 428–50. http://dx.doi.org/10.1177/1365712718798656.

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This article addresses a serious, but currently unacknowledged, problem of evidential consistency regarding police-suspect interview evidence. It sheds light on flaws in current criminal procedure through the lens of linguistics, focusing on key stages of currently accepted practice which fly in the face of what linguists have long known about language. It demonstrates that, in stark contrast to the strict principles of preservation applied to physical evidence, interview data go through significant transformation between their creation in the interview room and their presentation in the court

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12

Kumar, Naresh, Pooja Puri, SK Shukla, and Deepa Verma. "Impact of poor evidence management on DNA profiling in sexual assault and homicide: A case report." Medico-Legal Journal 89, no. 1 (January 21, 2021): 58–60. http://dx.doi.org/10.1177/0025817220966487.

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Increasing numbers of female victims of violent sexual assaults are being murdered with the aim of concealing the identity of the perpetrator. Proper handling and analysis of evidence is very important in gaining a conviction in many criminal cases. After evidence is collected, due precautions must be taken to ensure that the integrity of the sample is maintained, and chances of contamination are minimised. This paper presents a case study where improper handling of biological evidence led to loss of evidentiary value, and the semen could not be located on the vaginal swabs and victim’s garmen

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Raychaudhuri, Kumarshankar, M. George Christopher, and Nayeem Abbas Hamdani. "Comparative Study and Analysis on Integrity of Data Files Using Different Tools and Techniques." Journal of Information Security and Cybercrimes Research 4, no. 1 (June 1, 2021): 43–54. http://dx.doi.org/10.26735/symq8715.

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Digital forensic investigation is the scientific process of collection, preservation, examination, analysis, documentation and presentation of digital evidence from digital devices, so that the evidence is in compliance with legal terms and acceptable in a court of law. Integrity of the digital evidence is an indispensable part of the investigation process and should be preserved to maintain the chain of custody. This is done through hashing technique using standardized forensic tools. However, while handling the evidences , lack of knowledge might lead to unintentional alteration of computed

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14

Zhao, Dan, Wenting Ma, and Xincai Xiao. "The Recognition of Sweat Latent Fingerprints with Green-Emitting Carbon Dots." Nanomaterials 8, no. 8 (August 12, 2018): 612. http://dx.doi.org/10.3390/nano8080612.

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The recognition of fingerprints has played an extremely important role in criminal investigations, due to its uniqueness. This paper reports on the recognition of sweat latent fingerprints using green-emitting, environment-friendly carbon dots prepared with DL-malic acid and ethylenediamine, and the exploration of impacting factors in the development process of fingerprints. The experiments showed that better fingerprint images could be obtained when the latent fingerprints are developed in green-emitting carbon dots with pH 9 for 30 min, at room temperature. The reported method was also effec

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15

Carnaz, Gonçalo, Mário Antunes, and Vitor Beires Nogueira. "An Annotated Corpus of Crime-Related Portuguese Documents for NLP and Machine Learning Processing." Data 6, no. 7 (June 26, 2021): 71. http://dx.doi.org/10.3390/data6070071.

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Criminal investigations collect and analyze the facts related to a crime, from which the investigators can deduce evidence to be used in court. It is a multidisciplinary and applied science, which includes interviews, interrogations, evidence collection, preservation of the chain of custody, and other methods and techniques of investigation. These techniques produce both digital and paper documents that have to be carefully analyzed to identify correlations and interactions among suspects, places, license plates, and other entities that are mentioned in the investigation. The computerized proc

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16

Mazunin, Yakov M., and Pavel Ya Mazunin. "PRESERVATION OF EVIDENCE OBTAINED DURING THE PRE-TRIAL INVES-TIGATION AS ONE OF THE CHALLENGES IN THE TRIAL OF ORGANIZED CRIME CASES." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 38 (2020): 51–61. http://dx.doi.org/10.17223/22253513/38/6.

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Given that the situations of preliminary investigation and court proceedings have the same epistemological nature, it is possible to apply the classification grounds developed in the theory of investigative situations to systematise and streamline the trial. It is possible to distinguish judicial situations related to: preservation of evidence obtained during the preliminary investi-gation in court; filling gaps in the preliminary investigation materials; evaluation of evidence in court and, finally, making a decision on the merits of the case. These judicial situations need to be resolved and

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17

Pisaric, Milana. "Protection of privacy related to criminal procedure." Zbornik Matice srpske za drustvene nauke, no. 154 (2016): 53–65. http://dx.doi.org/10.2298/zmsdn1654053p.

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Every person has the right to privacy and protection of personal data and these rights may be restricted only in order to protect the general interest or the preservation of important values in society. If there is a certain degree of suspicion that a person committed a criminal offense, the competent authorities are authorized to limit his/her privacy rights and to collect and process personal data for the purposes of criminal proceedings, by taking certain actions and measures in accordance with the law. On the basis of legal authorization certain subjects may take regular and special eviden

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18

Darmika, Ketut. "Penegakan Hukum Tindak Pidana Perikanan Oleh Kapal Perang Republik Indonesia." Jurnal Penelitian Hukum Legalitas 9, no. 1 (August 21, 2017): 27. http://dx.doi.org/10.31479/jphl.v9i1.29.

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<p align="justify">Illegal fishing is a serious problem that must be addressed because it is very harmful to the preservation of resources and economically detrimental for the country. This illegal activity has directly violated the provisions of Law No. 45 Year 2009 on the Amendment Law No. 31 of 2004 about Fisheries. The method used in this study is a legal normative juridical research conducted in an attempt to obtain the necessary data regards to the issues. The data used are secondary data consists of primary legal materials, secondary law and tertiary legal materials. In addition,

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19

Hicks, William D., Kevin J. Mullinix, and Robert J. Norris. "The Politics of Wrongful Conviction Legislation." State Politics & Policy Quarterly 21, no. 3 (March 22, 2021): 306–25. http://dx.doi.org/10.1017/spq.2020.4.

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AbstractWrongful convictions are an increasing salient feature of criminal justice discourse in the United States. Many states have adopted reforms to mitigate the likelihood of wrongful convictions, discover errors, and provide redress in the wake of exonerations, yet we know little about why some are seemingly more committed to reducing such errors than others. We argue that public opinion is consequential for policy reform, but its effects are contingent on the electoral vulnerability of state lawmakers. We also suggest that advocacy organizations play a critical role in policy adoption. In

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20

Scott, Kirstie R., Ruth M. Morgan, Vivienne J. Jones, Aoife Dudley, Nigel Cameron, and Peter A. Bull. "The Value of an Empirical Approach for the Assessment of Diatoms as Environmental Trace Evidence in Forensic Limnology." Archaeological and Environmental Forensic Science 1, no. 1 (July 16, 2017): 49–78. http://dx.doi.org/10.1558/aefs.32474.

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Environmental trace evidence is often encountered during a forensic investigation and is acknowledged to have the potential to contribute valuable circumstantial information pertaining to the context of an individual criminal event. Although traditional study has focused upon the analysis of terrestrial soil and sediment traces, there is growing potential for the forensic assessment of aquatic crime scenes, particularly those within freshwater environments. This paper outlines the current applications of limnology, particularly algae and diatom analysis, within forensic science and introduces

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21

De Hert, Paul, and Angela Aguinaldo. "A leading role for the EU in drafting criminal law powers? Use of the Council of Europe for policy laundering." New Journal of European Criminal Law 10, no. 2 (April 7, 2019): 99–106. http://dx.doi.org/10.1177/2032284419838338.

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In light of the ongoing story on the regulatory steps towards electronic evidence and transnational production orders, civil rights organizations have expressed both alarm and astonishment on the regulatory initiatives in the Council of Europe regarding transnational production orders. Member states of the European Union (EU) engage actively in soft law entrepreneurship by allowing themselves to obtain directly from service providers subscriber and other communications content. This has not only been done domestically through national laws but likewise on a multilateral level as EU member stat

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22

Radeva, Elena. "The Potential for Computer Vision to Advance Accountability in the Syrian Crisis." Journal of International Criminal Justice 19, no. 1 (March 1, 2021): 131–46. http://dx.doi.org/10.1093/jicj/mqab015.

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Abstract This article explores a novel approach to technology-enabled review of evidentiary material implemented by the United Nations International, Independent and Impartial Mechanism – Syria ('IIIM – Syria’ or ‘the Mechanism’). The Mechanism’s objective in pursuing automation is to significantly accelerate the speed and improve the consistency of review and analysis of large, digitized documentary data sets used in the pursuit of accountability for crimes committed in Syria. This approach represents one of the first uses of Computer Vision applied to documentary evidence in the field of int

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23

Mahlous, Ahmed, and Houssam Mahlous. "Private Browsing Forensic Analysis: A Case Study of Privacy Preservation in the Brave Browser." International Journal of Intelligent Engineering and Systems 13, no. 6 (December 31, 2020): 294–306. http://dx.doi.org/10.22266/ijies2020.1231.26.

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The Internet and its users are in continual growth. With it grows the number of organized crimes on the Internet and the potential for individuals to carry out illegal activities. These criminals have gained more awareness of private browsing facilities, and many have found a haven in privacy designed browsers that cover up their tracks and shield their nefarious actions. The development of these privacy features has proven to be a challenge for digital forensic investigators. They strive to perform a thorough analysis of web browsers to collect artefacts relating to illegal activity to be pre

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24

Jovic-Lazic, Ana. "Protection of cultural heritage in Kosovo and Metohija." Medjunarodni problemi 56, no. 4 (2004): 465–89. http://dx.doi.org/10.2298/medjp0404465j.

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The author analyses the significance of the rich cultural heritage in Kosovo and Metohija as well as the consequences of its destruction and ruining. Along with this, she takes into consideration the international standards of protection of the cultural heritage in the world. Development of these standards is manifested in increasingly broad implementation of the existing and adoption of new international conventions whose goal is to protect as comprehensively as possible the cultural heritage of the mankind. The author gives a survey of the most important conventions adopted by the UNESCO and

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25

"Evocation of DNA from the Blood Sample Mixed with Road Concrete- A Forensic Review." International Journal of Forensic Research 1, no. 1 (September 21, 2020). http://dx.doi.org/10.33140/ijfr.01.01.09.

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Several types of biological samples are recovered in different conditions in various types of crimes. Sometimes, due to mishandling of the evidence they do not produce good results. Blood is a common type of biological sample found at crime scene involving hitand-run, murder and various sexual assaults, etc. In the cases such as hit and run, the blood gets mixed up with the soil and act as resistance in obtaining proper DNA profiling of a victim or a suspect. The advanced technologies for DNA profiling like STR analysis help in the identification of a criminal even if there is not much quantit

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26

Gardiner, Amanda. "It Is Almost as If There Were a Written Script: Child Murder, Concealment of Birth, and the Unmarried Mother in Western Australia." M/C Journal 17, no. 5 (October 25, 2014). http://dx.doi.org/10.5204/mcj.894.

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BASTARDYAll children born before matrimony, or so long after the death of the husband as to render it impossible that the child could be begotten by him, are bastards.– Cro. Jac. 451William Toone: The Magistrates Manual, 1817 (66)On 4 September 1832, the body of a newborn baby boy was found washed up on the shore at the port town of Fremantle, Western Australia. As the result of an inquest into the child’s suspicious death, a 20-year-old, unmarried woman named Mary Summerland was accused of concealing his birth. In October 2014, 25-year-old Irish backpacker Caroline Quinn faced court in Perth,

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27

Starrs, Bruno. "Writing Indigenous Vampires: Aboriginal Gothic or Aboriginal Fantastic?" M/C Journal 17, no. 4 (July 24, 2014). http://dx.doi.org/10.5204/mcj.834.

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The usual postmodern suspicions about diligently deciphering authorial intent or stridently seeking fixed meaning/s and/or binary distinctions in an artistic work aside, this self-indulgent essay pushes the boundaries regarding normative academic research, for it focusses on my own (minimally celebrated) published creative writing’s status as a literary innovation. Dedicated to illuminating some of the less common denominators at play in Australian horror, my paper recalls the creative writing process involved when I set upon the (arrogant?) goal of creating a new genre of creative writing: th

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28

Franks, Rachel. "A Taste for Murder: The Curious Case of Crime Fiction." M/C Journal 17, no. 1 (March 18, 2014). http://dx.doi.org/10.5204/mcj.770.

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Introduction Crime fiction is one of the world’s most popular genres. Indeed, it has been estimated that as many as one in every three new novels, published in English, is classified within the crime fiction category (Knight xi). These new entrants to the market are forced to jostle for space on bookstore and library shelves with reprints of classic crime novels; such works placed in, often fierce, competition against their contemporaries as well as many of their predecessors. Raymond Chandler, in his well-known essay The Simple Art of Murder, noted Ernest Hemingway’s observation that “the goo

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Davis, Mark. "‘Culture Is Inseparable from Race’: Culture Wars from Pat Buchanan to Milo Yiannopoulos." M/C Journal 21, no. 5 (December 6, 2018). http://dx.doi.org/10.5204/mcj.1484.

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Pat Buchanan’s infamous speech to the 1992 Republican convention (Buchanan), has often been understood as a defining moment in the US culture wars (Hartman). The speech’s central claim that “there is a religious war going on in our country for the soul of America” oriented around the idea that the US was a nation divided between two opposing values systems. On one side were Democrat defenders of “abortion on demand” and “homosexual rights” and on the other those who, like then Republican presidential candidate George Bush, stood by the “Judeo-Christian values and beliefs upon which this nation

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