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CHAPTER 2 IDENTIFICATION
Introduction
In this chapter the researcher will analyse forensic investigation, criminal investigation, identification and individualisation.The positive identification of all persons involved in a crime is an indispensable requirement for the investigation of crime. Positive identification of offenders is a legal requirement, while the solving of crimes can only really proceed once the victim has been positively identified (Marais, 1992:18).The ability to describe people accurately is traditionally an important aspect of forensic investigation. Before the advent of fingerprint classification, physical descriptions formed the basis of files on identification (O’Hara, 1976:657). Prior to the 1840s, the methods of identification of criminals were very limited, such as an artist’s impression with a high description, or the branding of repeat offenders (recidivists) with hot irons. The addition of photography in the 1840s aided this identification process (Pepper, 2005:4). Alphonse Bertillon, having received a scientific education, became frustrated with the identification process that was undoubtedly flawed, leading to many miscarriages of justice. After only a few months Bertillon wrote a paper which demonstrated that by using a number of measurements of different parts of the body, he could show that no two individuals were exactly alike. His system of identification used eleven measurements of varying parts of the body, from the length and breadth of the head to the distance between elbow joint and fingertip. Called anthropometry, the system relied upon accurate measurements to identify the repeat offenders. Such a system did have some recorded success with twenty-six recidivists being identified within three months in 1883.
The news of success drew attention to his work from across Europe and the Unites States of America (USA). Bertillon built on this success, implementing the use of a metre scale when taking photographs of evidence, such as tool marks and footprints at crime scenes, to which he could then apply his basic method of identification in his workshop. In contemporary terms he was the first real crime scene investigator and established one of the first crime laboratories (Pepper, 2005:4-5).In South Africa the “Magnific Facial Identification System”, a colour photo system that creates a very accurate and realistic description picture, was developed by Lieutenant Curlewis of the South African Criminal Record Centre (Marais & van Rooyen, 1992:104). This confirms the standpoint of Gilbert (2004:19-22), namely that Bertillon had a strong influence on – and that his system in fact formed the basis of – all methods of identification which were eventually developed (Van der Westhuizen, 1996:68).
Forensic Investigation
According to Van Rooyen (2004:7) the term “forensic investigator” has become a buzzword used by many, directly or indirectly involved in investigation. Widespread confusion exists within the investigation industry regarding the true meaning of forensic investigation. Karagiozis and Sgaglio (2005:3) state that the term “forensic” is derived from the Latin construction forum + ensis, indicating the public forum in which the Romans debated their legal cases and where verdicts were announced. The Biblical account of Jesus of Nazareth’s trial before Pontius Pilate is a classical example of Roman law being dispensed in open forum. Karagiozis and Sgaglio further state that though significantly more structured, the legal system today still rightly employs the term “forensic” to any matter which has relevance to a criminal or civil issue before the court. The core of every forensic investigation relies on the painstaking recognition, identification and individualisation of physical evidence. Van der Westhuizen (1996:9) states that forensic refers to a specific skill or activity aimed at serving justice with a specific scientific knowledge. Browne and Walker (2002:378) define forensic as, firstly relates to the application of scientific methods to the investigation of crime and, secondly, relates to a court of law.Browne and Walker further states that forensic was derived from the Latin word forensis meaning “in open court, public”. Forensic medicine is the application of medical knowledge to the investigation of crime, particularly in establishing the causes of injury or death.The Concise Oxford Dictionary (1981:384) state that forensic investigation is understood to mean “pertaining to legal matters” and further that forensic investigation is derived from the Latin word forensis (forum), meaning the public place, marketplace, or place of assembly for judicial and other business. In practice, forensic investigation refers to an objective and court-orientated investigation or any type of investigation.
CHAPTER 1: GENERAL ORIENTATION
1.1 Introduction
1.2 Aims of the research
1.3 Purpose of the research
1.4 Research questions
1.5 Key theoretical concepts
1.6 Research approach and design
1.7 Population and sampling procedures
1.8 Data collection
1.9 Research analysis
1.10 Validity
1.11 Reliability
1.12 Ethical consideration
1.13 Research structure (chapter outline)
CHAPTER 2: IDENTIFICATION
2.1 Introduction
2.2 Forensic Investigation
2.3 Criminal Investigation
2.4 Difference between Criminal Investigation and Forensic Investigation
2.5 Objectives of Investigation
2.6 Identification
2.7 Identification categories
2.8 Different forms of Identification
2.9 Individualisation
2.10 Difference between Identification and Individualisation
2.11 Summary
CHAPTER 3: WHAT IS AN IDENTIFICATION PARADE?
3.1 Introduction
3.2 Identification Parade
3.3 Purpose of an identification parade
3.4 Authority to conduct an Identification Parade
3.5 Legal requirements to conduct an Identification Parade
3.6 Admissibility requirements for an Identification Parade
3.7 Rights of the accused at the parade
3.8 Summary
CHAPTER 4: CONDUCTING AN IDENTIFICATION PARADE
4.1 Introduction
4.2 Process of conducting an identification parade
4.3 Summary
CHAPTER 5: FINDINGS AND RECOMMENDATIONS
5.1 Introduction
5.2 Findings
5.3 Recommendations
5.4 Conclusion
Bibliography
Interview Schedule
Copy of the permission from the police to conduct research
