law and forensic: techniques of evidence gathering and case presentation in court

8/21/2019 Law and Forensic: Techniques of Evidence Gathering and Case Presentation in Court

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LAW AND FORENSIC: TECHNIQUES OF EVIDENCE

GATHERING AND CASE PRESENTATION IN COURT

BY

KEHINDE ADEGBITE ESQ.

[email protected]

http://gettipsforevery day.blogspot.com

0803-855-6525

0803-855-6525

Organised By: Department of Oral Pathology College

of Medicine University of Ibadan

Ibadan

Venue: Dental School Lecture Theatre

Time: 10am

Date: 10

th

October 2014


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Expected Outcomes

Introduction Definition of Key Words

Role and Functions of Forensic Dentists

Professionals Involved in Evidence Gathering

Forensic Scientists at Work

Instances of Mass Disaster

Situations in Nigeria and Around the World

Work for Forensic Scientists Techniques of Evidence Gathering

Crime Scene Investigation


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Scenes of Crime in Nigeria

Common Methods of Crime Investigation The Use of Forensic Science in Modern

Investigations

Unresolved Murders in Nigeria

Case Presentation in Court Who is an Expert

Expert Evidence/Witness

Typical Exchange of Questions and Answers in

Court Trials Causes of Unresolved Criminal Cases in Nigeria

Conclusion

Recommendations


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To emphasize the importance of forensicscience in unravelling modern incidents ofcomplex criminal acts;

To advance the cause of justice;

To reduce impunity;

To reduce cases of wrongful convictions;


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To create awareness for the urgent need toraise the standard of criminal investigationto the level of global best practices;

To encourage periodic cross-fertilisation ofideas among stakeholders in the justicedelivery system;

To reduce criminal activities in Nigeria;

To expose the decay in the Nigerian justicedelivery system.


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Fingerprints and DNA analysis are the common

methods of human identification whenever aneed for such arises. However, there areoccasions when applying these methodsbecomes impracticable due to the extent of

damage to human features. At this point,identification through dental features becomesimperative.

Like fingerprints and DNA, human teeth aredistinct and no two persons dental records arethe same.


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i. Law: Online source defines it thus,

the system of rules which a particular country orcommunity recognizes as regulating the actions

of its members and which it may enforce by theimposition of penalties.

- Law regulates the setting up of different

institutions such as law enforcement bodies (e.g.the Police) and court system as well as theprocedures governing their activities.

Definitions of Key Words


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ii.Forensic: The term encompasses such concepts asforensic science (of which forensic odontology ordentistry is a part), forensic investigation andforensic medicine.


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- Forensic odontology can be defined simply as

the application of dental knowledge to legalissues which may come in forms of criminalinvestigation or giving of evidence in a courtproceeding.


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iii. Techniques of evidence gathering:This refers tomethods by which law enforcement agencies and

other persons collect pieces of evidence at a crimescene or other places for the purpose of presentingsame in a court proceeding.


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1. to identify unknown human remains throughdental evidence.

2. to identify perpetrators of violent crimes where

bite marks are inflicted.

3. to identify victims or dead bodies in mass disastersituations.

4. to give evidence in court proceedings as expertwitnesses.

Role and Functions of Forensic Dentists


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- Security operatives e.g. the Police, SSS, FBI,Interpol;

- Forensic scientists e.g. odontologists,pathologists, toxicologists, anthropologistsand entomologists;

- Ballistics experts;- Fingerprint experts;

Professionals Involved in EvidenceGathering


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- Geologists;

- Linguists;

- Psychologists;

- Psychiatrists;

- Sculptors;

- Photographers.

Contd.


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- Dana Plane crash in 2012;

- Ibadan Flood in 2011;

- Several Boko Haraminstigated bombexplosions;

- Synagogue Church of All Nations building

collapse in 2014;

- SokasDen of Kidnappers in Ibadan in 2014;

Instances of Mass Disaster Situationsin Nigeria and Around the World


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- Earthquake in Haiti in 2010;

- Earthquake in Bam (Iran) 2003;

- Earthquake in Gujarat (India) 2001;

- World Trade Centre Terrorist attack in 2001;

- Tsunami Earthquake in 2004;

- Hurricane Katrina in the US in 2008.

Contd.


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- Secure the scene of crime e.g. building, automobiles, andother places;

- Determine the need for forensic experts;

- Obtain physical evidence (e.g. blood stain, semen, saliva,

sweat, fingerprints, documents, glass, weapons,footprints, tyre marks and clothes) without contamination;

- Exclude all unauthorised personnel from the scene;

- Conduct a scene walk through;

- Determine the lead investigator;- Proper packaging of evidence.

Techniques of Evidence Gathering


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Dr. Edmond Locards Principle ofTransference

... when a person commits a crime they willleave at the scene something that was notthere before, and carry away with themsomething that was not on them previously.

In other words,

Every contact leaves a trace.



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- Confessional statements;

- Eye-witness accounts;

- Circumstantial evidence;

- Identification parade;

- Voice identification;

- Doctrine of last seen;

- Medical evidence.

Common Methods of CrimeInvestigation in Nigeria


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Akolade Arowoloscase

vs.

Oscar Pistorius

The Use of Forensic Science inModern Investigations


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- Dele Giwa;

- MKO Abiola;

- Bola Ige;

- Barnabas Igwe and his wife;

- Mr. Alaba Joseph of Mobitel;

- Engr. Funsho Williams;

- Dipo Dina.

Unresolved Murders in Nigeria


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Highlights

Presumption of Innocence

Proof Beyond Reasonable Doubt

Investigating Police Officer (IPO)

Police Prosecutors

State CounselDefence Counsel


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Ingredients of an offence e.g. Murder:

That a human being has been killed;That it is the act of the accused person

that led to the death of the deceased;

It is intentional or natural consequence of

his act. Expert witness

Examination-In-Chief (the need for

rehearsal) Cross-Examination

Re-Examination


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Only a person who hasobtained sufficient skill,

experience or knowledge in

his trade, profession orcalling may be consideredan expert.

Russell J. In R v. Silverlock [1894]2 QB 766 at 771.


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State qualification and experience Identification of corpse or exhibits

Exhibits or corpse properly tagged andmarked

Properly handled to prevent the break ofchain of events

Report prepared by a government medical

officer or pharmacist


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To reduce technical jargons

Years of experience Basis of expert opinion

The quality of the opinion not merely

intimidating credentials Your demeanour

The use of one expert to challenge the

opinion of another expert The court is not bound to rely on anexpert opinion


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Examination-In-Chief

Q: Witness, tell the court your name.

A: My name is Dr. Osmond Borno.Q: What is your address?

A: I live at No 1, Plateau Road, Aba.

Q: Where do you work?

A: I work at the State Specialist Hospital as aForensic Pathologist.


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Q: Can you tell the court your professionalqualification as well as your years ofexperience?

A: I did my MBBS in University of Jos and later

did my residency at the University of Pretoria,South Africa and I have been practising as aForensic Pathologist for 20 years.


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Cross-Examination

Q: Witness, you said you are a ForensicPathologist?

A: Yes.

Q: Are you also a ballistics expert?A: No, I am not.

Q: What do you know that a ballistics expertdoes?

A: A ballistics expert is a person trained toidentify weapons and determine their impactin order to connect a person to their use.


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Q: Does he work in a hospital?A: No, he does not usually do.


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Shoddy and crude methods of police

investigation

Lack of medical evidence, when necessary Lack of proper identification parade

Alibi not investigated

Inexperienced prosecutor

Highly skilled defence team


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The quality of justice in Nigeria is weak due

to lack of forensic investigation of facts and

situations

Stakeholders not properly informed about

their roles

Lack of collaborative engagement

Lack of political will and corruption


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Introduction of forensic investigation

Training and re-training of stakeholders

Provision of necessary facilities.


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Thanks for

Listening

law and forensic: techniques of evidence gathering and case presentation in court

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