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25
Fall 2015
may see some advantages in the approach taken in this dis-
trict in Afghanistan.
However, the acceptance of the forensic evidence may be
to a fault. Although existing testimony may be suffcient to
sustain a conviction, Afghan judges may be disappointed
when forensic evidence is not presented at trial. Therefore,
judges may be more likely to acquit the defendant when little
or no scientifc evidence is presented. In one case, a subject
was apprehended by U.S. Soldiers during a frefght. Several
Soldiers observed the subject shooting at them. The subject
was captured due to injuries he received during return fre.
The witnesses never lost sight of his actions leading up to
his arrest. During the trial, prosecutors explained why there
was no forensic evidence; however, the Afghan judges did
not understand why forensic evidence was not collected, pro-
cessed, and presented. Additional research should be con-
ducted to understand this potentially unintended result of
introducing forensics to Afghan judges.
These cases came from the Afghan Parwan District
courts in Afghanistan. There are other court systems in Af-
ghanistan; it is possible that there are regional differences
in how the introduction of forensic evidence affects verdicts
and sentence length. Therefore, the extent to which these
results apply across the entire country of Afghanistan is un-
certain. In addition, although cases rising to the level of the
specifc charges are typically resolved in the district court
system in Afghanistan, this may not be the case in all in-
stances; therefore, the extent to which the results from this
study could be extrapolated to court cases at other levels in
Afghanistan is unknown. In addition, only cases from Af-
ghanistan were examined; therefore, the extent to which the
results apply to court cases in other countries is uncertain.
However, the success of this program indicates that the ef-
fort to introduce forensic evidence in judicial systems that
previously did not use forensic evidence will likely improve
the rule of law within the region.
The full value of the introduction of forensic evidence to
the Afghanistan judicial system may still be unknown. How-
ever, a method that can be used to introduce forensics in
Afghanistan has been identifed and proof of relatively quick
judicial acceptance has been gathered. Future success in in-
troducing forensics in Afghanistan may advance the process
of addressing crimes from incident to fnal disposition by
improving forensic evidence collection by the police, devel-
oping reliable databases of forensic and biometric data, us-
ing trained examiners, improving processing, and educating
members of the judicial system. This new rule of law founda-
tion is a signifcant improvement from the old Afghan legal
system where guilt and innocence were sometimes based on
social standing verses actual evidence. Trust in the national
rule of law may also result in improvements in crime re-
porting by average citizens and the willingness of witnesses
to testify. Expanding this program is warranted; however,
further studies to monitor progress are recommend to deter-
mine if the positive momentum can be maintained.
Conclusion
The use of forensic evidence for criminal cases is rela-
tively unique to many developing countries, including
Afghanistan. Because of Afghanistan's historical use of a ju-
dicial system based almost entirely on testimonial evidence,
it is essential for Afghan judges and prosecutors to learn and
accept the use of forensics in conjunction with testimony.
The ability of the people to trust the mechanisms of the rule
of law to resolve in an organized and fair manner,
without resorting to hostility and vigilantism, is essential
in reducing the lingering tension among people who harbor
signifcant, often historical, grievances. Forensic evidence
does not favor one group over another; therefore, previously
marginalized groups (women, youth, minorities, the poor)
should see a more equal and fair judicial system. Accept-
ing forensic evidence to secure convictions or acquittals may
support a more just rule of law for all of Afghanistan.
Endnotes:
1
Joint Expeditionary Forensics Facilities Brief, Combined
Joint Interagency Task Force-435, Kabul, Afghanistan, 2011.
2
Bill Freehling, BAE Gets $175 Million Contract, 4 September
2008,