If
new forensic evidence becomes available after a conviction how do
lawyers determine whether it raises sufficient questions about the
verdict in order to launch an appeal? It turns out that there is no
systematic framework to help lawyers do this. But
a paper published today by Nadine Smit and colleagues in Crime Science
presents such a framework driven by a recent case, in which a defendant
was convicted primarily on the basis of sound evidence, but where
subsequent analysis of the evidence revealed additional sounds that were
not considered during the trial.
From the case documentation, we know the following:
- A baby was injured during an incident on the top floor of a house
- Blood from the baby was found on the wall in one of the rooms upstairs
- On an audio recording of the emergency telephone call made by the
suspect, a scraping sound (allegedly indicating scraping blood off a
wall) can be heard
- The suspect was charged with attempted murder
The audio evidence played a significant role in the trial. But,
during the appeal preparation process, the call was re-analysed by an
audio expert on behalf of the defence, and four other sounds were
identified on the same recording that, according to the expert, showed
similarities to the original sound. In particular, one of these sounds
was of interest because of background noise that could be heard
simultaneously. The background noise was presumed to be the television,
which was located in a different room to where the prosecution argued
the scraping of the blood took place.
During this second sound, the TV (located downstairs) could be heard
simultaneously on the emergency recording.
A statement by the police reads that the suspect was frequently rubbing
his face in their presence. The defence proposed that the incriminating
sound in the recording was not blood scraping after all, but simply the
defendant rubbing his face.
The framework described in Smit's paper is intended to overcome the gap between what is
generally known from scientific analyses and what is hypothesized in a
legal setting. It is based on Bayesian networks (BNs) which are a
structured and understandable way to evaluate the evidence in the
specific case context and present it in a clear manner in court.
However, BN methods are often criticised for not being sufficiently
transparent for legal professionals. To address this concern the paper shows the
extent to which the reasoning and decisions of the particular case can
be made explicit and transparent. The BN approach enables us to clearly
define the relevant propositions and evidence, and uses sensitivity
analysis to assess the impact of the evidence under different prior
assumptions. The results show that such a framework is suitable to
identify information that is currently missing, and clearly crucial for a
valid and complete reasoning process. Furthermore, a method is provided
whereby BNs can serve as a guide to not only reason with incomplete
evidence in forensic cases, but also identify very specific research
questions that should be addressed to extend the evidence base to solve
similar issues in the future.
Full citation:
Smit,
N. M., Lagnado, D. A., Morgan, R. M., & Fenton, N. E. (2016). "An
investigation of the application of Bayesian networks to case assessment
in an appeal case". Crime Science, 2016, 5: 9, DOI 10.1186/s40163-016-0057-6 (open source). Published version pdf.
The
research was funded by the Engineering and Physical Sciences Research
Council of the UK through the Security Science Doctoral Research
Training Centre (UCL SECReT) based at University College London
(EP/G037264/1), and the European Research Council
(ERC-2013-AdG339182-BAYES_KNOWLEDGE).
The BN model (which is fully spceified in the paper) was built and run using the free version of AgenaRisk.