Forensic Techniques and Evidence in Criminal Law: Understanding the Science
WEB212NZA04: It is imperative for you as a criminal layer to stay up to date with new and evolving forensic techniques. Examine the latest in the various forensic disciplines such as DNA evidence, fingerprinting, firearms and ballistics, CCTV and facial recognition, and technology and social media. You will also consider aspects such as cognitive bias and how this evidence is currently being used and interpreted in the courts.
Description
Attend and earn 3 CPD hours
Chair: Dr Amanda Bean, Director, Bean Law
1.15pm to 2.00pm Current Strengths and Weakness in Forensic Science: a ‘State of the Art’ Review
Cover the major disciplines that constitute forensic science with a particular focus on DNA evidence in cases of alleged sexual assault, fingerprint evidence in New Zealand, and the issues of cognitive bias and interpretation.
Presented by Sean Doyle, Owner and Consultant Forensic Scientist, Linked Forensic Consultants
2.00pm to 2.45pm Understanding Firearm Evidence
Join Angus Newton as he examines the key things you need to know to better understand firearm evidence in your criminal matter.
Presented by Angus Newton, Senior Forensic Scientist and Firearm Examiner, Institute of Environmental Science and Research Limited (ESR)
2.45pm to 3.00pm Afternoon Tea
3.00pm to 3.45pm A Forensic Approach to Technology and Social Media
In a recent study, the International Association of Chiefs of Police found that around 90% of agencies used social media in support of their criminal investigations.
- Understand the opportunities and risks that such evidentiary artifacts present, particularly as the volume of data that must be collected, processed, and analysed will stretch resources.
- Focus on innovative solutions that enable this investigative landscape, including the examination of both cloud locations and the devices on which social media artifacts may reside, long after the post has been deleted.
- Look at the admissibility and reliability of such evidence, from the viewpoint of a computer forensic expert
Presented by Campbell McKenzie, Director, Incident Response Solutions
3.45pm to 4.30pm Facial Recognition Technologies Legal, Ethical, and Privacy Considerations
One of the most controversial and intrusive technologies currently being deployed in field of surveillance is CCTV facial recognition. This technology is being used within New Zealand by both state agencies and private sector organisations, resulting in increasing opposition for legal, ethical and privacy reasons.
Key concerns include:
- The lack of explicit statute law authorising the use of this technology
- The absence of rules regarding the compilation of database images used for comparison and identification purposes
- The level of false positive identifications, resulting in state and private sector interference with the rights of wrongly identified persons
- Potential breaches of NZBoRA provisions including unreasonable search, freedom from discrimination and freedoms of peaceful assembly, association, and movement
- Overseas studies have identified serious algorithm biases, particularly in the field of ethnic minorities
The presentation will examine an independent review of facial recognition technology in the United Kingdom, bans on its use in the United States, and some local judicial decisions that may provide guidance for the New Zealand environment.
Presented by David Horsburgh, Licensed Security Consultant, Security Risk Management
Learning Objectives:
- Examine recent developments in forensic evidence including DNA evidence
- Develop a deeper knowledge of firearm and ballistic evidence
- Examine the emerging area of forensic analysis technology and social media
- Gain an understanding of facial recognition technology and ethical implications
Presenters
Dr Amanda Bean, Director, Bean Law
After years of scientific research culminating in a PhD in Biomedical Science at the University of Waikato, Amanda embarked on a legal career with the aim of specialising in the use of scientific evidence in criminal trials, including physics, chemistry and biology. Amanda works alongside Charles to ensure you have the best representation on cases involving forensic evidence. She is categorised with legal aid to run both Judge alone and Jury trials, and can represent prisoners at the Parole board.
Sean Doyle, Owner and Consultant Forensic Scientist, Linked Forensic Consultants
Over his 45-year career as a forensic scientist, Sean Doyle has worked in several disciplines acquiring the knowledge and expertise to enable the review of a wide variety of evidence types. During his early career at the Laboratory of the Government Chemist and later at the UK’s Ministry of Defence he worked mainly in support of prosecution and regulatory agencies, with some notable exceptions. Together with his wife Dianne Doyle, he established Linked Forensic Consultants in 2010. A major part of the work of the Consultancy has been assessing the quality and reliability of DNA evidence presented by the prosecution in support of alleged sexual assault. The Consultancy has also reviewed ballistics, breath alcohol, drugs and GSR evidence. It has also been instructed by the defence in the trial of Mark Lundy and conducted a review of the scientific evidence in the case of Scott Watson which significantly contributed to the decision to refer the case back to the NZ Court of Appeal.
Angus Newton, Senior Forensic Scientist and Firearm Examiner, Institute of Environmental Science and Research Limited (ESR)
Angus is part of the Physical Evidence Team at ESR based in Auckland. He looks at items of forensic interest such as firearms, toolmarks or traces of paint, glass or fibres. Angus joined ESR in 1997 and often appears in court to provide expert evidence and opinion.
Campbell McKenzie, Director, Incident Response Solutions
Campbell is the Founder and Director of Incident Response Solutions Limited, providing forensic, cyber security and crisis management services. Campbell was previously a Director at PwC New Zealand (12 years) and led PwC's national "forensic technology" practice, and the Auckland "cyber security" practice, a combined team of 11 expert staff. Prior to PwC, Campbell was a founding member of NZ Police's Electronic Crime Laboratory (4.5 years) and as an expert witness, he specialises in electronic investigations, cybercrime incident response and eDiscovery matters. He is recognised by the District and High Courts of New Zealand as a forensic technology expert and has also been appointed as an independent expert by the High Court.
David Horsburgh, Licensed Security Consultant, Security Risk Management
David Horsburgh CPP PSP PCI is a Licensed Security Consultant and Managing Director of Security Risk Management (NZ) Limited. His three-decade career with the New Zealand Police and NZSIS, included roles in the Criminal Investigations Bureau and as a detective in the Special Investigations Unit conducting covert investigations of criminals. David is the only holder in New Zealand of all three ASIS board certifications – the Certified Protection Professional (CPP), Physical Security Professional (PSP) and Professional Certified Investigator (PCI), and was the first in the Asia Pacific Region to do so. He holds a MSc in Security Management from Loughborough University, UK.