Forensic Report Writing

Introduction

Forensic science refers to the use of scientific methods or the application of science to help the court of law in solving crimes. These scientific techniques are applied by experts like forensic experts, forensic scientists, criminal investigators, etc. in collecting evidence that might be useful in the case. Basically, forensics is the application of science to investigations more particularly criminal investigations. The result of these forensic-related investigations is detailed in a forensic report. These reports are often used for several purposes, including billing, affidavits, and as proof of what was found or not found. These reports are very important to a case. The expert opinions and reports to various courts in India and abroad.^[1]

Basic components of a forensic report include articulating a referral question, and sources of information, presenting relevant data and then giving an expert opinion without being biased, grammatically correct text, and avoiding jargon, opinions, and data should be linked or related. A forensic report is usually related to or about the subject and not for the subject. This forensic report proves useful in court proceedings and can also influence the decision of the court.

Section 45 of the Indian Evidence Act allows the expert to give opinions and reports to the court in India. As per Section 45 of the Indian Evidence Act 1872- When the Court has to form an opinion upon a point of foreign law or science or art, or as to the identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to the identity of handwriting or finger impressions are relevant facts. Such persons are called experts.^[2] Further as per Section 46 of the Indian Evidence Act 1872 – it is stated that facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts when such opinions are relevant.^[3]

Thus the ingredients of section 45 and section 46 highlight that:

1. The court when necessary will place its faith in the skills of persons who have technical knowledge of the facts concerned.
2. The court will rely on the bona fide statement of proof given by the expert concluded based on scientific techniques.
3. The evidence considered irrelevant would be given relevance in the eyes of law if they are consistent with the opinion of experts.^[4]

Purpose of Forensic Reports

The forensic report is frequently the primary work product of a forensic evaluation. A forensic report is intended to inform and influence the court about an assessment subject, specifically about the subject’s psychological functioning and behavior. The forensic evaluator must be aware of the purpose of the report and direct the narrative accordingly.^[5]

One of the main purposes of the forensic report can be said to be to apply psychological knowledge to understand and help in answering the legal question or issue raised. This happens so because judges and lawyers usually do not possess the in-depth knowledge related to forensic science that might be required to arrive at certain decisions. In such cases opinions from experts might prove to be useful in decision-making for courts. Such testimonies provided by the experts are critical in legal issues.

The forensic reports can have testimonies or opinions of the experts regarding the insanity of an individual which to a great extent determines whether the accused is guilty or not. It can help in determining whether the parent is fit for custody of a child in juvenile custody cases.  In criminal matters, it can help in understanding the behavior of the criminal. These are some of the ways in which forensic reports serve their purpose in the judicial system.

Who is the client/customer?

The forensic report is of assistance to people like judges, lawyers, and investigating institutions to name a few. Forensic reports and expert opinion help the judges in decision-making in the court of law. Forensic knowledge can be useful in concluding legal matters. Attorneys can request an individual assessment if they feel such a report will be favorable to their client’s case. They can use expert opinion to put forward their case under Section 45 of the Indian Evidence Act. A forensic report is subjected to scrutiny by both the lawyers (i.e. the defendants and appellants) and also by the judge. The forensic report also proves to be useful in conducting a successful investigation as it can help in linking evidence of the crime with the criminal.

General Structure of a Forensic Report^[6]

Title of the Examination report- It means whether it is toxicological/handwriting opinion/ballistics etc. with a proper legal section of the evidence act of that particular country or region.

Name and address of the laboratory with the contact information like telephone, mobile, fax, and email.

Affiliation of the laboratory showing its legal entity and accreditation status. In case you are a freelancer, your all credentials with your expertise and experience must be mentioned on the letterhead of the report or at the end of the report.

Unique ID No. of the report with the date (if applicable)

Name of the customer (client/attorney/individual) with reference letter  number and date (assignment letter)

Case Enquiry/ DD/ FIR no. ………date ………….u/s……….Police Station, under which court (if applicable)

Mode of receipt of material (evidence/specimens): Through messenger or by post / by  mail

Sampling Method; How the sampling done by the IO/ Investigator/ Forensic Expert

Reference to the Test Method(s);  Reference to lab procedure manual/ books/published standard method- used in the examination, or sometimes to the previous cases solved or convicted.

Condition of Parcels/Test samples and seals; eg. Received. One sealed/ unsealed ..parcel. The seals were intact and tallied with the specimen seal as per the forwarding authority letter.

Description of Specimens/Parcels/Samples/Exhibits etc.

Methodology of Examination

Result of Examination & Opinion

Signature or examining officer along with seal.

Main Components of a Forensic Report^[7]

Understanding the Referral Question

It is important to identify the referral question. Identifying it will help the evaluator in understanding the purpose of the report; what question specifically he is supposed to answer and where his role comes in. Referral questions will also help the expert in focusing on only the subject and not dwell on unwanted topics. It will limit the contents of the report. It will make the report clear, unambiguous, and understandable.

Documenting the Notification Process

This part is mainly concerned with informing the examinee on how the information collected will be used. It deals with the confidentiality of the report. How the examinee was informed about the purpose of the evaluation; how the consent was obtained and whether the examinee understood the nature of the evaluation.

Providing the Factual Basis for an Expert Opinion

The sources of information received by the examiner have to be listed. This will help in maintaining the reliability and accountability of the report. This will also ensure clarity and transparency. The report should only have information that is relevant to the issue. This section may also contain the ‘past history’ or ‘relevant history’ of the person being examined if it proves useful for the issue.

Clinical Conclusions and Expert Opinions

The expert provides his or her opinion after presenting all the relevant data. The data forms the basis or foundation of the opinion. The reasoning has to be provided by the expert for arriving at a particular opinion. Basically, the expert in the end addresses the question by giving his opinion with the help of all the relevant data cited. The data provides for a logical and orderly explanation of the opinions and interpretations.

Acceptable Report Length

Short-length Reports: These reports are approximately three pages long. These reports are essentially the conclusion section of a report, without preceding data, along with recommendations.

Standard Report: These reports are around two to ten pages long. This type of report would include background history, test results, and conclusions. This is the ideal type of report length.

Comprehensive Report: This report can be up to 30 pages. Such types of reports should typically not be used unless the referring party asks so.^[8]

Do’s and Don’ts^[9]

• Do determine the structure of your report beforehand according to your case.
• Do answer the referral question clearly.
• Don’t use too technical language, flowery language, and lengthy wordy sentences.
• Do write the report keeping in mind the targeted audience.
• Do avoid grammatical errors and jargon.
• Don’t put needless information in the report. Try to answer the referral question only.
• Do consider the length of the report by asking the party for guidance.
• Do report relevant sources in the report and include all the data related to the referral question.
• The test conducted should be comprehensible by the court and the test should be valid and reliable.
• Don’t rely on only one source of data.

Difference between Forensic Report and Clinical Report

The purpose of both the clinical report and forensic report is different. The purpose of the former is for a diagnostic clarification or a treatment. Whereas a forensic report is intended to be useful in decision-making in courts. It intends to provide information on a legal issue and generally influences the decision of the court. The impact of both the reports also differs to a large extent. Forensic reports have more lasting repercussions than clinical reports. Clinical reports influence the treatment to be carried out or provide additional information for the treatment. A forensic report influences the judgement of a case. Also, the content of both the reports varies to a great extent. The method of acquiring data is different for both. A forensic report caters to a larger audience than a clinical report. Also since the forensic report may be subjected to a court of law it has to be backed by more reasoning. Thus, it requires more substantiated evidence and opinions backed by reason than a clinical report.^[10]

Recommendations

• The legal standard, legal purpose, or forensic purpose for the report should be stated clearly.
• The report should be organized in a logical sequence so that it is understandable to the targeted audience. The information should also be provided in a logical sequence so that conclusion and opinions are followed by the data based upon which the conclusion was arrived at.
• Also, there should be no communication gap between the professionals indulged in a particular report writing. Cooperation and proper communication between professionals will always lead to better results.
• Unnecessary delays should be avoided.
• Speculation and guesswork should also be avoided.
• The language used should be precise and objective. Biasness should be avoided.
• An executive summary can be provided when reports are long. Also, the usage of topic headings to break up the report will make it easier to read.

Conclusion

A forensic report contains the results of a forensic investigation. These reports are useful in court proceedings and help the lawyers and judges to arrive at a decision. It influences the outcome of a legal conflict. Forensic reports have to be written with clarity, and simplicity, based on evidence, and devoid of jargon. It consists of an expert’s opinion based on the data gathered. Writing a forensic report requires a lot of deliberation and a proper format has to be followed. The report should be written logically and only the matters related to the referral question should be addressed. The data should be organized in a manner that the reader can read with ease. Data should be summarized properly and the opinion and information provided should have a reasonable link. A forensic report differs from a clinical report as the purpose and impact of both reports are widely different.

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References:

[1] Manish Sati, Evidentiary Value of Forensic Report in Indian Courts, SCHOLARTICLES (Feb. 11, 2016), https://scholarticles.wordpress.com/2016/02/11/ms1/

[2] The Indian Evidence Act, 1872, § 45, No. 1, Acts of Parliament, 1872, (India).

[3] The Indian Evidence Act, 1872, § 46, No. 1, Acts of Parliament, 1872, (India).

[4] Arindam Dutta, Forensic Evidence: The Legal Scenario, THE LEGAL SERVICE INDIA, https://www.legalserviceindia.com/article/l153-Forensic-Evidence.html

[5] Meghan E. Brannick, Guidelines for forensic report writing, THE DIGITAL COMMONS (Jun. 2, 2015), https://digitalcommons.du.edu/cgi/viewcontent.cgi?article=1062&context=capstone_masters

[6] Dr. Bhoopesh Kumar Sharma, How to write a Forensic Report/Analysis Report/Forensic Opinion, FORENSIC SCIENCE EXPERT (Feb. 6, 2022), https://www.forensicscienceexpert.com/2019/12/how-to-write-forensic-reportanalysis.html

[7] HANDBOOK OF FOREINSIC MENTAL HEALTH SERVICES 218-225 (Ronald Roesch and Alana N. Cook).

[8] Rajat Mishra, Writing a forensic report, SLIDESHARE (Apr. 26, 2017), https://www.slideshare.net/MishraRajat1/forensic-report-rajat-mishra

[9] Id.

[10] Brannick, Supra note 5.