Tuesday, January 10, 2023

Junk science? From our 'Here we go again' department: First dentists: Now podiatrists: Shoving their way into the criminal justice arena, while the courts look the other way? (Forensic science and professional self-interest); ' What prompted this rant? Forensic 'gait' analysis' is being hailed by police officials in Dubai as a new tool to help identify criminals, The Khaleej Times Web Desk reports, in a story headed, "Dubai: Man wears Abaya to steal Dh12 million from flat, police use biometrics to nab culprit." But are the podiatrists who champion its scientific reliability any more reliable for use in court than the dentists who champion so-called scientific bite-mark evidence - and leave a slew of miscarriages of justice in their tracks? A 2016 paper called 'Cinderella Story': The social production of forensic science,' by Profs. Gary Edmond and Emma Cunliffe, published by The Peter A. Allard School of Law, raises disturbing questions about this development. HL..."


FROM THE EDMOND/CUNLIFFE PAPER:  (Link below): "The last decade has witnessed unprecedented criticism of the forensic sciences from academic commentators and authoritative scientific and technical organizations. Simultaneously, podiatrists have begun to promote themselves as forensic scientists, capable of assisting investigators and courts in their endeavors to identify offenders. This article traces the emergence of forensic podiatry, particularly forensic gait analysis. Forensic gait analysis is a practice that involves comparing persons of interest in crime-related images (such as CCTV and surveillance recordings) with reference images of suspects, where the primary focus is on movement and posture. It tends to be applied when other techniques, such as the comparison of facial and body features, are constrained because of disguises (e.g., the use of balaclavas) or the low quality of the images. This article endeavors to explain how forensic podiatry came into being, shed light on forensic field formation, make an assessment of the knowledge base underpinning forensic gait analysis, and reflect on what the legal recognition of forensic gait analysis reveals about the ability of common law courts to regulate expertise."

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MORE FROM THE  EDMOND/CUNLIFFE PAPER: "Some podiatrists seem eager to participate in criminal investigations and prosecutions regardless of whether appropriate research has been conducted.308 Accommodating legal responses undermine efforts by more sophisticated actors within the podiatry community to establish rigorous standards and validate core techniques before moving into criminal casework. The receptive approach of courts rewards entrepreneurialism, speculation, and enthusiasm more than research, rigor, and restraint. Legal recognition and reliance come relatively early in our genealogy. Saunders, Otway, and Aitken are important because—as the reasoning in Aitken demonstrates—they establish admissibility as precedent.309These cases reveal how courts, even in jurisdictions purportedly concerned about the reliability of forensic science evidence and wrongful convictions, have not required evidence that techniques work and that those admitted as experts are actually proficient—i.e., expert in the specific activity. Courts have conflated or substituted training, qualifications, and experience as a podiatrist with the ability to reliably compare gait to assist with, and perhaps resolve, uncertainty around the identity of offenders. In this way, the courts seem to have accepted—sometimes merely rehearsing—the claims advanced by proponents of forensic podiatry. These decisions do not engage with the epistemic foundations of forensic podiatry and tend to leave questions about the value of opinions to the defense and the lay decision-makers responsible for evaluating the evidence in trials and appeals.  Simultaneously, these decisions ignore or trivialize the advice of  authoritative scientific and technical organizations."

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FINAL EXCERPT FROM THE EDMOND/CUNLIFFE PAPER: "Forensic gait analysis has been presented and accepted as a solution to a current problem—identifying people who are disguised or partially obscured in the ever-expanding number of images related to criminal acts.310 Podiatrists have been willing to offer interpretations of images where others (see e.g., familiars and facial mappers) have been reluctant or unable to tread. In doing so, podiatrists have tended to proffer incriminating testimony in conditions that are generally of low personal risk. That is, they tend to address the question of whether two things are similar (or, in theory, dissimilar) knowing what the investigators believe, and often much more, about the identity of the suspect(s). In this highly suggestive environment, claims about identity are predicated upon the assumption that gait is unique and that apparently similar things are the same or highly uncommon—as in the one percent of the population claim from Aitken.

https://commons.allard.ubc.ca/cgi/viewcontent.cgi?article=1368&context=fac_pubs

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PHOTO CAPTION: "Forensic biometrics technology has assisted in convicting several suspects after analysing gait and body measurements.  A man dressed in a women's abaya (full-length outer garment worn by women) and niqab (face cover) to break into an apartment and steal Dh12 million.  After analysing CCTV footage from the crime scene, experts found the physical measurements and gait patterns identical to a suspect and were able to nab the criminal."

STORY: "Dubai: Man wears Abaya to steal  Dh12 million from flat, police use biometrics to nab culprit," by Khaleej Times (Web Desk, on January 1, 2023. (The Khaleej Times is a daily English language newspaper published in Dubai, United Arab Emirates.)

SUB-HEADING: "Investigators were able to solve 2.290 cases using fingerprint other than face print as usual forensic evidence to reveal identities."

GIST: Examining multiple forensic biometrics in physical and visual forensic evidence has remarkably aided the Dubai Police's investigators in 2,290 cases since 2017, the director of the General Department of Forensics and Criminology at Dubai Police has revealed.


According to Major General Ahmad Thani bin Ghalaita, the work of police personnel, including experts and specialists, is no longer limited to analysing evidence from crime scenes to search for and apprehend offenders.


"Today, proactivity has become a binding act that requires us to anticipate future challenges and develop solutions, practices and techniques to counter emerging criminal methods. Therefore, and per the directives of His Excellency Lieutenant General Abdullah Khalifa Al Marri, Commander-in-Chief of Dubai Police, we started utilising biometric fingerprints other than the faceprint we used as visual forensic evidence to reveal the identity of the accused," he said.


In another case, Dubai Police managed to convict a suspect despite his attempt to conceal his facial features by matching his handprint, gait patterns, physical measurements, and ear print to the visual evidence collected from the crime scene CCTV.


Ghalaita confirmed that Dubai Police forensic experts have successfully employed forensic biometrics to overcome challenges that voided faceprints when identifying perpetrators wearing face masks during the outbreak of Covid-19.


"When combined with the artificial intelligence systems that we possess, forensic biometrics have proven their effectiveness and aided the experts in many cases in finding evidence that acquitted suspects and condemned others", he explained.


International recognition

bin Ghalaita confirmed that the Dubai Police General Command is a pioneer in applying multiple biometrics to analyse physical forensic evidence among police agencies in the world and won the International Association of Police Chiefs IACP Award in 2020, for innovating the multi-model forensic biometrics technology, most notably the forensic gait analysis, i.e. a person's pattern of movement.


Visual evidence analysis

Dr Lieutenant Colonel Hamad Mansoor Al Awar, Head of the Video and Image Evidence Examination Section at the Forensic e-Evidence Department, said their primary duty revolves around extracting electronic evidence from devices received from the concerned authorities. In other cases, which include visual film materials, they conduct analytical comparisons between the forensic biometrics seen in the graphic materials and those of suspects.


"We used to rely on a technology that analysed faceprints per specific measurements. However, when fingerprints or DNA traces were absent from crime scenes, this technology would become incapable of providing solid evidence when perpetrators hid their faces, wore masks, or were too far from the surveillance camera, or the crime scene had poor lighting," he noted.


Five key biometrics

Dr Al Awar said they analyse visual materials for multiple forensic biometrics fingerprints, including faceprints, gait patterns, ear prints, handprints, and body measurements, to aid investigators and ultimately serve the interest of the criminal justice system.


Dr Al Awar confirmed that their technological advancement in analysing electronic forensic evidence prompted local and international police forces to seek Dubai Police's expertise and assistance in comparing multiple forensic biometrics."


The entire story can be read at:

https://www.khaleejtimes.com/uae/dubai-man-wears-abaya-to-steal-dh12-million-from-flat-police-use-biometrics-to-nab-culprit

PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;


SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:

https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."

Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;

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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!

Christina Swarns: Executive Director: The Innocence Project;

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