Introduction
“Crime scene investigation (CSI) is the often-used term relating to the process associated with the investigation of a criminal event. More specifically, it is the systematic process of searching for, documenting, collecting, preserving, and interpreting physical evidence associated with an alleged crime scene, in an effort to determine the truth relating to the event in question” (Girard, 2018, p. 3). Various scientific techniques are being used in crime scene investigation in order to determine the correct verdict in court. Such techniques include, but are not limited to: fingerprinting, toxicology, anthropology, etc. These techniques continue to be refined to not only catch criminals, but also to protect the innocent. Today, both drones and artificial intelligences are being used to further push the boundaries of crime scene investigation and forensic science. The use of drones and AI also present legal issues, civil, ethical, and security issues, but help to pave the way for a better future of evidence collecting.
Current use
Different AI systems and drones are currently being integrated into modern crime scene investigation. Recently, in 2014, drones have been programed with thermographic technology to survey wide areas for illegal activity. This can be done at the scene of a crime or while a crime is taking place. Drones are also starting to be used more often in very dangerous cases. When the area of a crime scene is too dangerous for the police or crime scene investigators to survey, unmanned drones can be used if available to survey instead. These could be used, for example, in a high profile situation involving explosives. Many times when an explosion occurs, one of the main concerns is the threat of another explosive in the area. Drones help both mitigating any potential damage from bombs as well as protecting people from having to defuse a bomb on their own accord. Artificial intelligence is also used in the digital forensics. “Malware is getting smarter and cyberthreats are evolving and becoming more sophisticated and complex. Thus, human intervention and capacity is not enough to sufficiently deal with advanced threats, speed of processes, the amount of data, and the vulnerability of intrusion (Masombuka).” Instead of having someone manually go through lines of code and other information, new AI programs are being used to do that for them instead. This helps to prevent cyber-attacks from happening, rather than solely looking for the cause of an attack that already happened. “The countering of advanced adversaries requires an active approach to security that will place an emphasis on proactive measures, real time detection, active monitoring and mitigation of key threats. Therefore, innovative approaches such as the application of AI tools that have a learning capacity, are adaptable, analysis driven and able to detect user behavior make intelligent and real time decisions that would assist in fighting the cyberthreat. (Masombuka).” AI help in the field of digital forensics by turning it from a field of reactive forensics to proactive forensics.
The Legal Problems
Although the use of such technologies is very important in forensic science to solve crimes, there are a wide variety of concerns that are presented. AI and drones can be used in different cases. The forensic investigators have their own issues when using newer technologies. Like with all sciences, hypotheses are created to determine whether it is true. When a substantial amount of evidence is there to support such hypothesis’, it is generally accepted by the scientific community as a theory. When evidence is presented in forensic science, usually the techniques that are being used are well tested in the field to be considered “factual evidence”; and there is a whole process that is followed to keep the integrity of forensic science techniques in check. However, many of the basic forms of forensic analysis have been under fire for their validity and reliability. Drones and AI are a relatively new source of evidence, and they can be applied to different cases in different scenarios. Since a lot of methods of investigation that are being used by drones and AI are new, the credibility of drones and AI systems can come into question in the legal court system. Any flaws in the method of investigation can result in the entire case being compromised. There is also the problem of the CSI effect. “The CSI effect is a phenomenon whereby forensic drama television has created unreasonable expectations, thereby increasing the prosecution’s burden of proof, while presenting an air of infallibility with regard to frensic science, while also increasing overall interest and perceived understanding in the area of forensic science and crime scene work. (Girard, 2018, p. 30). This problem particularly is associated with the juries within certain cases. Prior knowledge of how AI and drones should work can affect the overall interpretation of evidence, sometime for the worse. After cases are closed, there can still be problem afterwards. “Because shifts in scientific understanding often take decades to emerge, individuals whose wrongful convictions were based on misapplied science might face difficulties in proving their innocence due to time limitations and high evidentiary standards. (MADEO).” There are many cases in which the presented evidence had wrongly persecuted someone of a crime in which they had done.
The Civil, Security, and Ethical Problems
Ordinary civilians may also have a problem with such technology being used. There are already a lot of misconceptions associated with these modern technologies due to their use in other scenarios not associated with crime scene investigation and forensics. AI that can constantly learn and evolve is not a new idea. The presentation of AI allows for digital forensic technicians to do less work to find the cause of a cyber-attack. They are also being used to help prevent the outcome of a cyber-attack However, it is that independence of themselves scare a lot of people, as this presents an unnecessary privacy issue when AI are out there in cyberspace doing their own thing. Drones also present an unneeded security issue. Similarly to how google is capable of doing their own surveillance of whatever they can through google maps, drones are capable of mapping and spying on whatever they may need, whether it is for the use of professional crime scene investigation or not. Flying drones are used often to capture an overview of a crime scene and its surroundings. Ordinary people could see this as a form of spying, or unnecessary mapping. Ethics have also a big role in the use of these technologies for forensic analysis. Since the technology is relatively new when compared to other forensic analysis techniques, the idea of wrongful persecution has been addressed. There have been many cases in which evidence supported by these newer forms of tech have been rejected due to later finding associated with that technology. This makes many wrongfully accused of certain crimes, and thus hurts the integrity of all forensic science. “It is critical that there be a mechanism for the wrongfully convicted to get back into court to prove their innocence if the forensic evidence used to convict them is undermined by new scientific advancements, guidelines, or repudiation of expert testimony.”
Future Use
Drones and AI are just a couple of ways in which innovation is taking place in the field of forensic analysis. Technology is evolving for the better in CSI since it both produces better result for forensic scientists to uphold their case. However, even though such technologies are being developed for the sake of forensic science, the field overall can be considered a “glass half full/glass half empty”. In an essay written by Jennifer Mnookin, she argues that the development of forensic science as a whole, has been far from adequate or transformative. At its current state, forensic science is the application of other sciences to deduce the validity of presented evidence. It can be argued, however, that the use of drones and AI is a step forward in helping forensic investigators collect and provide evidence in the court of law in a better fashion. The use of non-human methods of crime scene investigation will continue increasing so long as there is a need to validate the effectiveness of these new forensic techniques. Such methods have to be used over and over again to allow for the evidence presented by these techniques to be inadmissible in court. Research has to be done on these already used techniques to ensure their credibility and reliability, or else drones and specific AI may not be used for CSI and forensic purposes.
Conclusion
Forensic science is an ever-evolving field dedicated to determining the truth behind presented evidence. The development of AI and drones help investigators in various ways, and it shows that technology can be pushed to uncover the truth of even the most difficult of cases. The use of these technologies, and any new technologies in the field of forensic science and crime scene investigation, must grow in order to be used widely among all cases that they can be used; as well as to ensure that the correct people are prosecuted for the crimes that they committed.
References
Lega, M., Ferrara, C., Persechino, G., & Bishop, P. (2014). Remote sensing in environmental police investigations: Aerial platforms and an innovative application of thermography to detect several illegal activities. Environmental Monitoring and Assessment, 186(12), 8291-8301. doi: http://dx.doi.org.mutex.gmu.edu/10.1007/s10661-014-4003-3
“This is a modern example of how drones are currently being used in Crime Scene Investigation. Specifically goes over thermographic reading and drones, something I have yet to learn in criminology or forensic science courses I have taken”
Bin Azhar, ,M.A.Hannan, Barton, T. E. A., & Islam, T. (2018). DRONE FORENSIC ANALYSIS USING OPEN SOURCE TOOLS. The Journal of Digital Forensics, Security and Law : JDFSL, 13(1), 7-30. Retrieved from https://search-proquest-com.mutex.gmu.edu/docview/2044295307?accountid=14541
“Another modern example as to how drones are now taking the place of many forms of forensic techniques”
Siddiqui, M. Z., Yadav, S., & Mohd, S. H. (2018). APPLICATION OF ARTIFICIAL INTELLIGENCE IN FIGHTING AGAINST CYBER CRIMES: A REVIEW. International Journal of Advanced Research in Computer Science, 9, 118-121. doi: http://dx.doi.org.mutex.gmu.edu/10.26483/ijarcs.v9i0.6149
“This is a general article that explore the use of AI in cybercrimes. It gives a brief synopsis of how artificial intelligence are being used in modern day cyber crime investigation. It also explores the proactive side of forensics, and how cyber crimes can be mitigated since forensic technicians typically react to cyber attacks and find the cause of them.
Masombuka, M., Grobler, M., & Watson, B. (2018). Towards an artificial intelligence framework to actively defend cyberspace. Reading: Academic Conferences International Limited. Retrieved from https://search-proquest-com.mutex.gmu.edu/docview/2077000322?accountid=14541
“Another article that analyzes the AI and their use in preventing cybercrime.”
Girard, J. (2018). Criminalistics : forensic science, crime, and terrorism (Fourth edition.). Burlington, MA: Jones & Bartlett Learning.
“This is the textbook used for my criminalistics class. The textbook goes into depth regarding different types of crimes, and what forensic processes go into solving a crimes. A lot of information that I already know with regards to crimes scene investigation, as well as forensic science, comes from this textbook and the class I took along with it.
MADEO, Overturning Wrongful Convictions Involving Flawed Forensics. (n.d.). Retrieved May 28, 2019, from https://www.innocenceproject.org/overturning-wrongful-convictions-involving-flawed-forensics/
“This website gives a brief synopsis as to the concerns that forensic science can bring forth in the grand scheme of things. Although not specifically tied to drones and AI, the website addresses what used to be widely used techniques on the field of forensic science and how even the slightest of problems from research can stop the use of such processes altogether.”
Mnookin, J. L. (2018). The uncertain future of forensic science. Daedalus, 147(4), 99. Retrieved from https://search-proquest-com.mutex.gmu.edu/docview/2117580113?accountid=14541
“This essay talks about the future of forensic science. Although there are already a lot of ways to capture and present evidence at a crime scene, the essay objectively breaks down the current state of forensics, and how the future of forensics has come into question.
