Forensic Digital Imaging: The Investigative Process - Segment Two Notes
Learning Objectives for Investigative Processes
This section covers critical aspects of forensic digital imaging investigations. Key learning objectives, often subjects for examination, include understanding the goal of the investigative process, listing its stages, explaining the value of forensic imaging, and identifying examples of investigative errors that lead to wrongful convictions or accusations.
The Ultimate Goal of an Investigation
At its core, the ultimate goal of any investigation is to uncover the truth and determine precisely what happened. It's not enough to merely 'know' the truth; investigators must also be able to prove it. All collected evidence serves to corroborate the facts.
Corroboration and the Court System
In a legal context, the goal of uncovering the truth is evident in the adversarial system. Crown counsel presents one narrative based on the investigators' findings, while defense counsel may propose an alternate scenario. An unbiased judge or jury then assesses the evidence to decide which narrative aligns with the truth.
Outcomes of a Successful Investigation
A successful investigation extends beyond merely identifying the truth; it aims for broader societal and legal impacts:
Establish Criminal or Civil Responsibility: Determine who is legally accountable for actions, whether in criminal or civil law.
Prevent Similar Incidents: Investigations, such as a coroner's inquest following a boating accident, help identify root causes to prevent future occurrences.
Lead to Changes in Agency/Company Policies and Procedures: The Robert Dziekański case, involving the tasering and subsequent death of a Polish immigrant with excited delirium, led to critical changes in taser deployment policies (e.g., frequency and circumstances of use).
Result in the Passage of New Legislation or Regulation: Approximately years ago in Canada, a gas attendant's death while attempting to prevent a gas theft led to a new law requiring pre-payment for gas to enhance attendant safety. The Lapu-Lapu tragedy in , where a car driven by an individual with mental health issues drove through a street party, highlighted mental health and public safety concerns. This incident spurred investigations by the Vancouver police and city, leading to changes in policies, increased public safety measures, such as heavier barriers, more police presence, and designated safer venues for events. Fire trucks are now strategically placed to block roads, preventing vehicle access to pedestrian areas.
Heighten Awareness of Public Safety Issues, Environmental Concerns, or Related Incidents: The public scrutiny and subsequent investigations raise awareness and prompt action to prevent future tragedies.
Stages of an Investigation
Understanding the stages of an investigation is crucial and often examinable:
Incident Occurs: The initial event that triggers the investigation (e.g., the Lapu-Lapu tragedy).
Investigation Occurs: This phase involves a multi-faceted approach:
Primary Responders: Officers initially on scene.
Specialized Units: Involvement of the forensic unit, homicide investigators, and specialized units like the Integrated Collision Analyst Reconstruction Unit (ICARU) to analyze impact dynamics.
Evidence Collection: Seizure of video footage from cell phones and surveillance cameras. Detailed checks for vehicle malfunction (e.g., autonomous vehicle systems like Tesla's) to rule out mechanical fault. Assessment of safety and security protocols for event locations (e.g., block parties).
Documentation: Extensive documentation is vital for potential court proceedings, which can take a minimum of to years, sometimes up to years. This includes:
Visual Records: Numerous photographs, drone footage (Unmanned Aerial Vehicles - UAVs), and scans to comprehensively record the scene.
Long-Term Reference: Proper documentation serves as an investigator's notes when testifying years later, as minute details are difficult to recall.
Presentation: The collected and documented evidence is presented in court.
Determination: The courts (judge or jury) ultimately determine criminal or civil responsibility based on the presented evidence.
Preventing Future Occurrences & Policy Changes
Investigations aim to prevent future incidents by:
Establishing criminal or civil responsibility.
Facilitating coroner's inquests.
Prompting changes in organizational policies and procedures.
Leading to new legislation or regulations.
Case Study: BC Drug Decriminalization
Consider the drug crisis in British Columbia. An attempt was made to decriminalize hard drugs, inspired by research from European countries. However, cultural differences, varying policing approaches (e.g., UK police typically not carrying guns vs. US police carrying multiple firearms), and lifestyle factors differ significantly. The effectiveness of this policy in BC is a matter of ongoing debate, with concerns raised about public safety (e.g., drug use in public spaces like Tim Hortons bathrooms or school playgrounds). The impact of such legislation on crime rates and public perception holds politicians accountable for their decisions.
The Investigative Triangle
This framework highlights three interconnected components crucial to an investigation:
Investigation: The overall process of inquiry.
Resources: The tools and specialized teams available. Forensic units possess advanced equipment such as cameras, scanners, drones, and the Forensic Search Evidence Recovery Team (FCENT). Patrol officers, in contrast, mainly rely on notebooks and cell phone cameras.
Documentation: How information is recorded and preserved. While patrol officers write thorough reports, photographs can often convey the same level of detail, as the court system highly values visuals.
The interplay of these three elements dictates what can be achieved to uncover the truth and aid those involved.
The Investigator: Importance of Unbiased Approach
Investigators are the most vital entity in the process and must remain unbiased. A critical approach is to limit preconceived notions before arriving at a crime scene. For instance, some forensic members gather extensive information (reading files, statements, talking to lead investigators), which can inadvertently introduce bias.
Personal Approach to Unbiased Investigation
An effective strategy is to obtain only a very brief overview of the incident from the lead investigator (e.g., "front door smashed, back door open, rummaged through"). This minimal information allows the investigator to approach the scene with an open mind, focusing on provable evidence rather than pre-existing narratives. For example, rather than assuming a path, an investigator should look for footwear impressions to objectively track movement. The state of drawers (open or closed) must be assessed carefully; a closed drawer doesn't prove it wasn't opened. Examination for fingerprints or glove marks on handles is necessary. This open-minded, evidence-driven approach, while potentially taking longer, ensures a thorough and provable investigation.
Value of Forensic Imaging Documentation
Forensic imaging, primarily through cameras, records information more accurately and for a significantly longer duration than the human mind. For example, when documenting a pried-open door with a tool mark, a macro photograph can clearly display a " centimeter striation mark with a tail at the end." This visual evidence is far more impactful and unambiguous for a judge and jury than a purely verbal, technical description. The advanced quality of modern smartphone cameras also aids in this accurate documentation.
Investigative Errors Leading to Wrongful Accusations and Convictions
Despite best intentions, investigators can make mistakes, leading to severe consequences. The Independent Investigation Office (IIO) exists to investigate police wrongdoings, acknowledging that perfection is unattainable. Various factors can influence investigators:
Bias: Preconceived notions.
Tiredness: Fatigue impacting judgment.
Strong Opinions: Personal beliefs, such as those that might arise in cases like the Charlie Kirk murder (encouraged to research for context).
Making Faulty Assumptions
Assumptions can derail an investigation. For instance, if a Ring camera captures a suspect walking towards a house without gloves, it's a faulty assumption to conclude they never wore gloves throughout the break-in. They could have donned gloves out of camera view. Similarly, finding fingerprints on a glass does not automatically implicate a suspect; homeowners are likely to leave their own prints. All evidence must be collected and analyzed without prejudgment to remain unbiased.
Forcing Evidence to Fit a Preconceived Theory
Investigators must avoid manipulating evidence to fit a popular narrative. For example, in a home invasion scenario where a suspect wears latex gloves and broken glass is present, assuming the gloves remained on is problematic. Cuts from the glass could lead to the gloves being removed, potentially leaving fingerprints. If gardening gloves marks are found, it's crucial not to assume the perpetrator switched gloves to fit the scenario. Instead, all forms of evidence (latex glove marks, fingerprints, gardening glove marks) must be considered. Consistent findings of a specific type of mark across multiple disturbed items (e.g., liquor bottles, jewelry boxes, iPhone boxes) increase the likelihood of it being associated with the perpetrator, but the full picture must always be gathered, not selectively chosen.
Pressure from Administrators
High-profile cases often generate immense pressure from superiors, the media, and the public, demanding quick answers. This pressure can lead to poor decisions or wrongful convictions. The Brandon Mayfield case (discussed below) epitomizes this, where the FBI was under intense scrutiny after an international bombing. Similarly, the Charlie Kirk manhunt saw significant public pressure. Public expectations for immediate answers without understanding the complexities of investigations can compromise the integrity of the process.
Notable Cases of Wrongful Convictions in Canada
Canada has its share of wrongful convictions. Students interested in this topic should research cases such as David Milgaard, Donald Marshall Jr., Guy Paul Morin, Thomas Sophonow, William Mullins-Johnson, and Clayton Andrew Johnson. These cases highlight that investigative errors occur nationally, not just in other countries.
The Dr. Charles Smith Case
Dr. Charles Smith, a pathologist, was notorious for making diagnoses that fit a pre-existing narrative, often to assist police in securing convictions. For example, if a victim had both stab wounds and blunt force trauma and a bloody bat was found at the scene but no knife, Smith might declare the bat the murder weapon and disregard fatal stab wounds to align with the police's preferred story. This shoddy work, despite his revered profession and many years of practice, demonstrates a profound failure to follow evidence objectively.
The Brandon Mayfield Case
Brandon Mayfield was wrongfully accused in connection with a bombing based on a fingerprint found on an undetonated bomb. The print was heavily smudged and unclear (a "very, very dirty print"), making comparison challenging. However, daily demands from the President, FBI directors, critical meetings, and the constant presence of supervisors created immense pressure on the investigator making the comparison. This case is a prime example of how external administrative pressure can influence forensic analysis, leading to wrongful accusations. Students who took the fingerprint theory class or are interested are strongly encouraged to watch the -minute documentary on the Brandon Mayfield case on YouTube.
Assignment Information (Crucial Disclaimer)
IMPORTANT: DO NOT complete the wrongful conviction assignment mentioned in this segment. This particular assignment was included in a previous fingerprint theory module and is not for this course. The actual assignments for this course, including an icebreaker and a more artistic photography-focused task (as forensic photography aims to provoke questions), will be detailed in Segment 1a. Failure to heed this warning indicates a lack of attention to the video lecture.