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Saturday, 23 February 2013

Some recent comments on the jury system

As an expert witness I like juries. You can talk to them, explain things to them, communicate with them about the subject about which you are passionate. Usually - in my experience almost always - they understand.
 From the Guardian: Trial by jury: a positive verdict

http://www.guardian.co.uk/commentisfree/2013/feb/21/trial-by-jury-positive-verdict

The wider unfairness of criticism of the jury system is that what happened in the Pryce trial is untypical. Hung juries are very rare
  • The Guardian,
  • Will the dismissal of the jury in the Vicky Pryce case this week go down in legal history as the jury system's finest hour? Clearly not. Did the events at Southwark crown court, which have led to next week's retrial, help to bolster public confidence in the criminal justice system? It seems improbable. But do they mean that the Pryce case has exposed something fundamentally awry with a trial by jury system that has existed in England, in one form or another, since at least the time when King John put his name to Magna Carta? Don't be daft.
    Midway through their failed deliberations, the jury asked the judge 10 by now celebrated questions for clarification. Some of these – like asking what exactly is meant by a reasonable doubt, a phrase which has caused so much legal trouble down the years that judges are now enjoined not to use it – were quite sensible. Others were not. The next day, the case collapsed, with the judge observing that the jury had shown "fundamental deficits of understanding" of a kind which he had not encountered in nearly 30 years in the courts.
    Cue a large depositing of ordure from a considerable height on the heads of the Southwark jury and, according to some critics, on the jury system in general. That response is unfair for several reasons, not least because it is more than possible that the 10 questions came, not from 12 equally clueless jury members but, via the foreman, on behalf of maybe just one or two who were struggling to focus on the case in the way the judge had instructed them.
    The wider unfairness is that what happened in the Pryce trial is untypical. Hung juries are very rare. They occur in fewer than 1% of crown court cases. And the Pryce case always had the makings of one of this small number, since it was laden with gender issues, which can often split juries, involved the arguing of an archaic defence, which was difficult to understand, and was taking place in the public eye.
    We know why hung juries are rare – because jury research tells us so. Contrary to the impression given in an otherwise sensible debate on the issue between Lord Woolf and Lord Macdonald on the Today programme yesterday, there is already plenty of useful research on how juries work. A Ministry of Justice report in 2010 by Professor Cheryl Thomas highlighted areas where improvements are needed, including guidance from judges and misuse of the internet; a follow-up report to the MoJ is due later this year. In other respects, Ms Thomas concluded, the jury system is robust, fair and effective. Juries are mainly conscientious, responsible and unprejudiced. Yes, there are things which can be done to make the system work better. In general, though, it makes no sense to pretend that one unhappy case invalidates a system in which the public has every reason to have continued confidence.
     
    Then there is this from the Irish Independent:

    http://www.independent.ie/irish-news/courts/farmer-who-put-repo-men-in-a-pig-pen-alleges-jury-misconduct-29087121.html

    which sounds like last minute desperation on the part of the defendant

    and from the brilliant John Finnemore on this week's Now Show:
    http://www.bbc.co.uk/podcasts/series/fricomedy
    (this is a podcast link available until March 2nd, 2013)

Thursday, 21 February 2013

Oscar Pistorius' bail app. statement

This is a link to Oscar Pistorius' bail application statement:

http://oscarpistorius.com/section-60-bail-application-statement/

A number of forensic linguists and deception / SCAN etc. analysts are examining it.

Wednesday, 20 February 2013

Fabricated evidence and statement

As a forensic linguist I am sometimes asked to examine witness statements to determine whether or not they may have been fabricated.
This one looks genuine enough:

http://metro.co.uk/2013/02/18/pc-peach-gives-statement-only-problem-is-its-a-dog-3488106/.

West Midlands Police could be in the doghouse after someone from the force filled out a form in the guise of one of their police dogs, Peach.
The faux statement was brief and said: ‘I chase him. I bite him. Bad man. He tasty. Good boy. Good boy Peach.’
It also came complete with a ‘signature’ from the Alsatian, which was a print of its paw.
It was reportedly written in response to a barrage of requests from the Crown Prosecution Service (CPS) for an account from PC Peach on a matter, the Daily Mail reports.
Officers are said to have become frustrated after they continually told the law service Peach was a dog but were not listened to.
But it seems the joke report may have consequences as the force is now being looked at.
‘The matter will be investigated,’ DCI Julian Harper, from West Midlands Police, told Huffington Post UK.
‘The Professional Standards Department are looking into this, early enquiries suggest it is a light-hearted exchange as a result of a misunderstanding around a police dog and a police officer.’

Tuesday, 19 February 2013

It doesn't have to be all CSI ...

It doesn't have to be all CSI ... the bane of our lives when we can't do what they can!

6 Historical Forensic Detectives Who Deserve Their Own TV Shows

We've seen not one but two modern reinterpretations of Sherlock Holmes in the last couple of years, plus countless procedural dramas, including forensic-themed shows like Bones and CSI. Meanwhile, TV audiences are utterly charmed by historical dramas like Downton Abbey and Boardwalk Empire. And just this summer, ABC announced plans to develop a steampunk detective series starring Tom Sawyer and Huckleberry Finn.
But history is filled with real detectives, including those who used their knowledge of chemistry, anatomy, and even entomology to solve mysteries. Why not take one of those real forensic detectives and build a procedural costume drama around them? Here are six historical forensic experts who could carry their own shows, including a couple who have already debuted on the small screen.


http://io9.com/5984819/6-historical-forensic-detectives-who-deserve-their-own-tv-shows

Friday, 15 February 2013

"Voiceprints" revisited?

The race to fingerprint the human voice

"Since 9/11, voice scientists have been searching for a way to find a person's unique 'voiceprint'. Accurately identifying you by your voice is more difficult than it sounds, discovers Mark Piesing."

Since 9/11? We started in this "race" in 1990 (and others much earlier), and hoped the finishing post would have been reached in 10 or so years. How much closer are we? Certainly the improved technology on the one hand, and the huge potential and real databases of voices on the other, have helped towards the goal, but there's still a way to go yet. Exciting times though.

The article from The Independent

"You do not have to say anything, but it may harm your defence if you do not mention, when questioned, something you later rely on in court. Anything you do say may be given in evidence." We have all heard this 1,000 times yet we barely give a thought as to what may happen to all the recordings that the police make of their interviews. Or indeed to the somewhat more mundane equivalent: "This call may be recorded for training purposes."
However, without your permission – or even your knowledge – your recorded voice may be about to play a key role in the race to fingerprint the human voice.
Fuelled by 9/11, spurred on by the advance of our digital society and made possible by raw computing power, the development of increasingly sophisticated automated speaker recognition systems (ASRS) are now bringing the prospect of a "voiceprint" enticingly close, threatening to make the skilled voice scientist redundant. These automated systems, already widely used by police and intelligence services on the Continent, can in as little as 15 minutes use a background population of voices to make a statistical judgement on the significance of any similarity or difference between the voice of the criminal and that of a suspect that could have taken a human 15 hours to complete.
"September 11 was the trigger for this as, after the attacks, the police and intelligence services realised that while there were so many recordings of the voices of the terrorists they didn't have the technology they needed to extract information from them," Antonio Moreno says. Moreno is the technical director of Agnitio Corp, which was spun out of the Technical University of Madrid in 2004 and provides forensic automated speaker recognition systems, such as its market-leading Batvox, to the police forces of more than 20 countries, including Germany and the US but not yet the UK.
"By the time of Spain's own 9/11 [the Madrid train bombings of 11 March 2004], Batvox could be used to identify some of the men behind the bombings as, although they wore masks on YouTube, they spoke naturally."
For Professor Peter French, founder of the UK's leading and oldest forensic speech laboratory, JP French Associates, the bugging, recording and identification of people traffickers, drug dealers and terrorists was only the beginning of this revolution.
"The ubiquity of mobile phones means that almost the first thing you do if you are attacked is call 999, and as all 999 calls are recorded a lot of people inadvertently record their rape or mugging and capture their attackers' voices," French says.
Now, though, the "great quest" is to fingerprint the human voice and "many engineers keep telling me that all they need is more time to tweak the algorithms and they can achieve full accuracy", French says. Francis Nolan, Professor of phonetics in the Department of Theoretical and Applied Linguistics at the University of Cambridge, agrees that the balance is shifting towards these automated systems due to the technical advances that have made them possible. The importance of speaker identification has grown for the simple reason that "it's not the amount or nature of crime that has changed, it's just the sheer amount of recorded material that is now available".
Nolan adds that "while on the Continent the police are more likely to use an automated system, in the UK the tradition has been to use a skilled dialectician", who would analyse one at a time the sound of the vowels and the even the rise and fall of the voice, its melody, through a complicated system of notation called the International Phonetic Alphabet.
Later, acoustic tests were introduced that allowed the dialectologist to measure the different elements of the speech signal and so extract information that was beyond the ability of humans to hear. Even with the help of technology to run these tests, the role of the specialist remains largely the same: to make a judgement as to whether – for example – any differences between two recorded voices were down to smoking, drugs, flu or even whom they were talking to, or whether they were the voices of two entirely different people.
Now, Nolan says, "we are beginning to augment the human element still further through the introduction of automated systems such as Batvox", which by analysing the speech signal analyses the characteristics of each human's vocal tract and comes up with a statistical model that can compare an unknown voice against voices coming from known speakers regardless of what they are saying. Batvox, for example, then produces a likelihood ratio, much like a DNA profile does, to suggest how significant such a match is. The system depends on a reference population of hundreds of human voices from which to learn what is the norm.
For Nolan, while these ASRs are "an extra tool" in the specialists' tool box, " there is a real danger that these systems hide from a jury the implications of the "complexities of the human voice and language".
However, while French acknowledges that they are "unlikely ever to do away with the human altogether", he argues that automated systems "are improving in their accuracy and objectivity and that there is some resistance to their use in the UK" that is preventing their wider adoption beyond labs such as French Associates.
"Systems such as Batvox provide centre-stage forensic evidence in court, even if just like other forensic tools it's not 'beyond reasonable doubt'. It can get near-100 per cent accurate at the moment depending on the quality and amount of speech input." Even fingerprinting, he adds, "isn't as reliable as it is portrayed on CSI." Similarly, Moreno feels the technology is improving and the reliability of other forensics tools is overstated. "Fingerprints are great in the lab but in the actual crime scene are often blurred or incomplete. Phone calls now are pretty stable," he says. "So it's comparable in its accuracy to many other tools, although the main problem is that at the moment there aren't enough voices in the databases." Some financial institutions are now building databases of suspect fraudsters' voices.
Perhaps the main problem these systems face is, apart from background noise, the length of the call. "Blackmail or kidnapping calls may only last five or six secs," Moreno says. "And you need six or seven seconds for an accurate result. Although even in these cases if the system can identify to three or four other kidnappings then it is a great help to the police."
In the end, for French, even though many engineers believe they can reach the holy grail of fingerprinting the human voice, "if it turns out that people's vocal tracts and speech-producing organs don't differ enough biologically from each other then there will be a limit to how accurate systems will be".
Nolan feels more strongly that "an individual doesn't have a voice, but many voices" so that a human specialist is always going to be needed to make a judgement.


Thursday, 14 February 2013

Shakespeare as a Stalker

Knowing the Difference Between Love and Stalking Could Save Your Life

 (From the Huffington Post)
Glen Skoler, a Forensic Psychologist based in Washington DC, has posed the question of whether the most famous love obsession in western literature - Shakespeare's sonnets for his 'dark lady' - reveal that the writer at the center of the Western canon of literature, was in fact an obsessed stalker. 

http://www.huffingtonpost.co.uk/dr-raj-persaud/valentines-day-love-stalking_b_2676822.html

Published in a book entitled 'The Psychology of Stalking: Clinical and Forensic Perspectives', Dr Skoler points out that Shakespeare's sonnets, just like obsessed stalkers, reveals him trying to control the object of his love with threats, blackmail and forebodings of the unpredictable nature of his anger at rejection, if pushed too far.
Skoler argues that Shakespeare's choice of weapon are words, so, for example, in Sonnet 140 he targets slander - accusing an Elizabethan woman of adultery - in an angry threat - to try and pressure and control her.
Skoler contends that these famous love sonnets should really be better termed 'hate sonnets', as Shakespeare's spurned affirmations of love become increasingly vicious, threatening, obscene, paranoid, irrational and desperate.
Today, around half of all stalkers are ex-partners, and up to one in four of the population have suffered from being stalked. So many people start relationships not realising that the particular kind of possessive love exhibited by obsessional lovers, could turn romance into a nightmare, and even lead to murder.
For example, a man accused of stalking his estranged wife was wearing body-armour and carrying weapons, when Pennsylvania police pulled him over, as he was following her to work last week.
Flint Staton had a loaded .40 caliber handgun, a stun baton, a machete, a variety of knives, a baseball bat, brass knuckles and other weapons in his car, as well as 39 pieces of paper depicting various forms of violence and killing, handcuffs, a black stiletto-heeled shoe, duct tape, several boxes of gloves, a ski mask and a Valentine's Day card bearing the message "A Promise for My Wife," according to official reports.
The case is a reminder of the sobering, ground-breaking research published by lead author Judith MacFarlane from Texas Woman's University in 1999, finding that 76 per cent of intimate partner female murder is preceded by stalking. Stalking was revealed to be associated with lethal and near lethal violence against women.

Tuesday, 12 February 2013

Dorner's Manifesto

This disturbing manifesto can be read here:

It will be of interest to linguists and psychologists interested in threat communications.

Sunday, 10 February 2013

Authorship Attribution Conundrum

Romance novelist 'Jessica Blair' is an 89-year-old man
 - great piece from Today
http://todaynews.today.com/_news/2013/02/08/16899477-romance-novelist-jessica-blair-is-an-89-year-old-man?lite

British author Jessica Blair released the 22nd book in her popular series of romance novels on Thursday, but the most surprising thing about the book might be the writer's true identity: Jessica Blair is actually 89-year-old Bill Spence.
The grandfather and prolific writer is making headlines this week after the release of "In the Silence of the Snow," written under the female pseudonym he has used on nearly two dozen books since 1992.
"Jessica Blair came into being when my publisher, Piatkus, accepted my first historical saga and declared that, for various reasons, they would prefer to publish it under a female name," Spence writes
His latest book release has drawn wide attention to the surprising truth about the author, though he's been fairly open about his identity for years, explaining in a 2010 interview how the alter-ego came about.
"Well when I first wrote the first Jessica Blair novel, 'The Red Shawl', it was submitted under my own name," he told a podcast on the U.K.'s Southside Broadcasting at the time. "The publishers said 'We like this book but we would like to publish it under a female name. Would you mind if we published it under Jessica Blair?' Well, you don't say no to publishers."
Spence said he never minded his publisher's decision, and agreed it was good for the success of the books. "The chief character is a woman, and ladies buy more books and read more books than men do," he told Southside. "So it was a marketing ploy, really."
In order to come across as a convincing female author, Spence said he often double-checked his work with the women in his family.
"With all writing, I've got to be every character in my book, good or bad, male or female," he said in the radio interview. "You've got to be something of an actor, I suppose. I'm fortunate in that my wife, my late wife, and my daughters were all interested in my writing and I would give them pieces to read and say, is that ok from a woman's point of view, and they would say yes or no."
The father of four, who once served in the Royal Air Force, has been writing since 1950 but says he didn't devote himself to the profession "full-time" until 1977.
Despite his willingness to reveal the truth behind Jessica Blair, don't expect to see Spence's name on his books anytime soon.
"I'm Jessica Blair now and the publishers want me to keep producing them," he said.

Saturday, 9 February 2013

Famous kidnapping revisited

Shergar: The day the wonder horse was stolen

Read the whole article for similarities with modus operandi of various human kidnappings carried out by terrorist organisations: 

http://www.bbc.co.uk/news/magazine-21316921



Exactly 30 years ago, kidnappers broke into the Ballymany Stud in the Republic of Ireland and stole the champion racehorse, Shergar. What happened to the animal remains a mystery.
Shergar was the most famous, and most valuable, racehorse in the world. The big bay colt with a distinctive white blaze on its face had won the 1981 Derby by a record 10 lengths. He had followed that triumph with successes in the Irish Derby and the King George and stamped himself as one of the all-time greats.
But after just one year, fate intervened. Kidnappers armed with handguns broke into the Ballymany Stud - owned, like the horse, by the Aga Khan - and forced the head groom, James FitzGerald, to load Shergar into a trailer. FitzGerald and Shergar were then driven off in separate vehicles while FitzGerald's family were held at gunpoint to ensure silence.
FitzGerald was given a code word to be used in negotiations over a ransom, driven around for three hours and then dumped by the side of the road.

Thursday, 7 February 2013

SMS Texts in Court

Text messages read out to court - including these:


July 30
CH: I understand that I have really offended you but I hope that the passage of time will provide some perspective... I love you and I will be there to support you if you ever need it.
PH: You are right - the perspective involves me getting angrier with every day that goes by. You just don't get it.
show fractured relationship between shamed Chris Huhne and son.

http://www.dailyrecord.co.uk/news/politics/text-messages-show-fractured-relationship-1586042

Saturday, 2 February 2013

West Midlands Police post ridiculous 999 calls on Twitter

Probably as a result of so many silly and / or hoax 999 calls, genuine distress calls can be treated with unwarranted suspicion, with disastrous consequences, as with a kidnapping > murder case we once had where a man was locked in a car boot and driven off, which the operator was very reluctant to accept as genuine.

West Midlands Police have begun a ‘tweetathon’ that will last for 24 hours in order to highlight time-wasting 999 calls.
The force has also released audio of some of the calls it says have wasted police time, including a man who rang up to ask how to dial the 101 non-emergency number and a woman who needed help finding her laptop password to access Facebook.
Other calls consisted of a man calling up to ask officers to help scare his sister and another male who wanted help to solve a dispute he was having with McDonald’s staff over his food.

http://metro.co.uk/2013/02/01/west-midlands-police-post-ridiculous-999-calls-on-twitter-3377729/

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