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Research result

Reporting on forensic biology findings given activity level issues in the Netherlands

Publication - February 2023

There appears to be some hesitation within the forensic biology community to formally evaluate and report on findings given activity level propositions. This hesitance in part stems from concerns about the lack of relevant data on the dynamics of biological traces and doubt about the relevance of such expert opinions to the trier of fact.

Evaluative Opinions at the Netherlands Forensic Institute

At the Netherlands Forensic Institute, formal evaluative opinions on the probability of case findings given propositions at the activity level have been provided since 2013, if requested by a mandating authority.

Study on Retrospective Analysis

In this study, we share the results from a retrospective analysis of 74 such requests. We explore which party initiates requests, the types of cases that are submitted, the sources of data being used to assign probabilities to DNA transfer, persistence, prevalence, and recovery (TPPR) events, the conclusions that were drawn by the scientists, and how the conclusions were used by the courts.

Availability of Data Sources

This retrospective analysis of cases demonstrates that published sources of data are generally available and can be used to address DNA TPPR events in most cases, although significant gaps still remain.

Acceptance in the Legal System

The study furthermore shows that reporting on forensic biology findings given activity level propositions has been generally accepted by the district and appeal courts, as well as the other parties in the criminal justice system in the Netherlands.

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Authors

Forensic Trace Dynamics research group

Thanks to new methods of analysis, it is now possible to detect even the smallest traces left behind at a crime scene or carried away by the suspect. What can this tiny, often hard-to-detect trace evidence tell us about the precise details of an event? This is the central question of the Forensic Trace Dynamics research group.