How Forensic Science Aide Prosecutions in Wildlife Crime

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FINGERPRINTS


This diagram shows the relationship between VICTIM, SUSPECT, and CRIME SCENE. The VICTIM is linked to the SUSPECT via blood, the SUSPECT to the CRIME SCENE via latent prints, and the CRIME SCENE to the VICTIM via the carcass.
the victim (say, a deer) is found dead at the crime scene (links victim and crime scene)
a suspect’s fingerprints are found at the crime scene (links suspect and crime scene)
the victim’s blood has stained the suspect’s clothes (links suspect and victim)
Successful prosecutions carried out by fingerprint analysis include a consignment of imported birds of prey from Thailand into Heathrow airport. Border control found numerous birds of prey some of which were dead and others in a poor state of health. The birds had been concealed within tubes with air holes. Upon the discovery of the birds, the tubes were forensically examined. A fingerprint lift from the tubes assisted the authorities to identify a suspect. A warrant executed at the suspects home led the authorities to other tubes at the premises probably from another illegal import. The suspect was prosecuted for illegal importation of protected birds.
Defra have produced a Document in March 2005 on Wildlife Crime: A guide to the use of forensic and specialist techniques in the investigation of wildlife crime. This document is one of a series published by the Department for Environment, Food and Rural Affairs on behalf of the Partnership for Action Against Wildlife Crime (PAW).
In any investigation one seeks to find out the who the offender is, what was involved, where it took place, when it took place, why it happened and how it happened. Issues that feature prominently in wildlife cases are as follows:
What is the identity of the specimen in question?
What is the provenance (origin) of the specimen in question?
What is the cause of death or injury?
Can a suspect be connected to a wildlife crime scene?
CRIME SCENES
Professor Edmond Locard (1877-1966) states :
Wherever he steps, whatever he touches, whatever he leaves, even unconsciously, will serve as a silent witness against him. Not only his fingerprints or his footprints, but his hair, the fibres from his clothes, the glass he breaks, the tool mark he leaves, the paint he scratches, the blood or semen he deposits or collects. All of these and more, bear mute witness against him. This is evidence that does not forget. It is not confused by the excitement of the moment. It is not absent because human witnesses are. It is factual evidence. Physical evidence cannot be wrong, it cannot perjure itself, it cannot be wholly absent. Only human failure to find it, study it, and understand it, can diminish its value.
Professor Locard was an early pioneer in forensic science. He set up the first Laboratory above a Police Station in Lyons, France. He was given two assistants and two rooms. He believed that when two objects came into contact with the other, each of these objects would leave or transfer particles to the other. This became known as the "Locard's Exchange Principle".
Critical evaluation: How do these fine objectives square with the fact that there are so few Wildlife Crime Officer's in the Police forces across the Country? Although Wildlife Crime is treated as any other crime nationally, I believe that the Police have other priorities. The only way to improve on more prosecutions, is by raising public awareness, asking them to report wildlife crime, and to follow up any reports made to the police. If the number of reported wildlife crime increases then it must follow that more Officers will be trained to combat it.

Internet Crime

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NATIONAL WILDLIFE CRIME INTELLIGENCE UNIT

National Wildlife Crime Intelligence Unit (NWCU) is a British national police unit that gathers intelligence on wildlife crime and provides analytical and investigative support to law enforcement agencies.

The illegal trade in wildlife over the Internet remains an area which is not fully understood and which raises a number of concerns. The Unit will use its resources in a targeted fashion focusing in particular with those issues on the Internet that are of concern on a national and international level.

The Internet provides increased criminal opportunities, taking advantage of the unregulated and impersonal nature of transactions. The trade, legal and illegal, in wildlife products is increasing and the Internet is coming to play a central role in the activities of illegal traders. The pilot unit - National Wildlife Crime Intelligence Unit (when based at National Criminal Intelligence Service NCIS) developed a good working relationship with eBay, and a number of intelligence packages were developed and passed to enforcement agencies for action. These resulted in a number of arrests, cautions, formal warnings and three court cases, some of the examples of the court results are shown below:

Sperm whale tooth - formal warning

· Egg collection - arrested and cautioned

· Egg box containing eggs - arrested and cautioned

· Blown egg - formal warning

· Stuffed snowy owl - suspect pleaded guilty and was conditionally discharged for 6 months

· Various taxidermy seized including leopard and coyote skins, stuffed black bear and birds of prey, plus birds' eggs and a computer. The suspect pleaded guilty and received 8 months custody, suspended for 2 years, and a community order of 200 hours unpaid work

· Frogspawn - cautionary letter

· Egg collection - arrested and cautioned

· Blown egg - arrested and cautioned

· Red squirrel taxidermy - arrested and cautioned

· Whale tooth taxidermy - cautioned

· Taxidermy sparrowhawk - arrested and cautioned

· Numerous taxidermy specimens - taken to court and received a conditional discharge for 2 years and ordered to pay £50 costs


How to Report Wildlife Crime

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Help those who cannot protect themselves, it is your responsibility to report suspicious circumstances at the time, please don't leave it until you get home, the suspects may have made off in the time it has taken for you to return home, talk about the incident and then finally report it. THINK, ACT AND REPORT TO REDUCE AND COMBAT WILDLIFE CRIME.

Wildlife Crime - laws

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WHAT IS WILDLIFE CRIME?

Wildlife crime appears in many guises, but can be loosely categorised into three main types:

i) the illegal trade in endangered species;

The import and export of many threatened species is controlled through European Regulations implementing the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). More information can be found at Defra.

Internal trade in these species is controlled by the Control of Trade in Endangered Species (Enforcement) Regulations 1997.

ii) crimes involving native species which are endangered or of conservation concern;

In the United Kingdom, legislation such as the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats, &c.) Regulations 1994, the Natural Environment and Rural Communities Act 2006, the Nature Conservation (Scotland) Act 2004 and the Wildlife (Northern Ireland) Order 1995 give protection to wildlife and important habitats and sites.

Crimes against protected species include killing or taking them from the wild (eg. birds of prey, plants); collecting their eggs or skins for personal collections; trading in them; and taxidermy offences. People destroying nests and breeding sites; bat roosts and other protected habitats can also be committing offences.

iii) cruelty to and the persecution of wildlife species;

Some legislation protects particular species eg. The Protection of Badgers Act 1992 and the Deer Act 1991. The Wild Mammals (Protection) Act 1996 protects wild mammals by making it an offence to cause them unnecessary suffering by certain acts.

Crimes include Badger baiting and other cruelty cases; and illegal snaring, poaching and poisoning. (Defra, 2009)


Protection of All Other Animals

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1. Protection of certain wild animals.


Offence to intentionally kill, injure or take any animal listed on Schedule 5 or to have in their possession any live or dead, or part of a listed animal. There are also additional offences that relate to the sale of wild animals whether dead or alive and includes parts of these animals. Killing and capturing of animals in Schedule 6 (including dolphins and harbour porpoise)
  • protects non-bird species that are listed in Schedule 5 which includes all bats, reptiles, and amphibians, rare mammals, fish, butterflies and other animals.
  • includes a range of marine animals including dolphins, whales, porpoises, the basking shark, turtles and rare sea anemones.
2. There are exceptions to Section 9.
3. Prohibition of certain methods of killing or taking of wild animals
  • Uses a mechanically propelled vehicle in immediate pursuit of a wild animal for the purpose of killing or taking that animal.
4. Protection of certain mammals
  • Any person who intentionally or recklessly damage or destroy or obstruct access to any structure or place which any listed animal uses for shelter and protection or to disturb a listed animal when it is in such a place.
  • Any person who intentionally or recklessly disturbs a Schedule 5 animal that is a dolphin, whale or basking shark would be guilty of an offence.
  • Exception - there is a defence if the incident was the result of a lawful operation and could not be reasonably avoided; except in relation to bats.

Nature and Extent of Wildlife Crime

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http://www.iucnredlist.org/images/news/rhino_rzA_0_180.jpg

According to the IUCN guidelines there are several categories ranging from Extinct to Least Concern. Prior to becoming extinct they are EXTINCT IN THE WILD (EW) A taxon is Extinct in the Wild when it is known only to survive in cultivation, in captivity or as a naturalized population (or populations) well outside the past range. A taxon is presumed Extinct in the Wild when exhaustive surveys in known and/or expected habitat, at appropriate times (diurnal, seasonal, annual), throughout its historic range have failed to record an individual. Surveys should be over a time frame appropriate to the taxon's life cycle and life form.

How Forensic Science Aide Prosecutions in Wildlife Crime

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DNA - is a chemical code that carries hereditary information. DNA is the abbreviation for deoxyribonucleic acid, this is the genetic material present in the cells of all living organisms.


DNA is contained in blood, semen, skin cells, tissue, organs, muscle, brain cells, bone, teeth, hair, saliva, mucus, perspiration, fingernails, urine, feces, etc. For species identification using Trace click on the above link.

Killing and smuggling protected animals is a global, multibillion dollar enterprise. The National Fish and Wildlife Forensics Laboratory in Ashland, Ore. — the only full-service crime lab in the world devoted entirely to crime against wildlife — uses the same techniques as human crime labs to solve wildlife crimes, said deputy lab director Ed Espinoza.
Scientists there have used DNA tests to determine whether caviar came from endangered sturgeon, and whether bear gallbladders — used in the Asian medicinal trade — came from protected bears. They have examined bald eagles to see if the birds were electrocuted after touching power lines that did not have required protections in place.

How Organisations are Involved in Wildlife Crime

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Wildlife Crime - laws

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Part I Wildlife & Countryside Act 1981 this act is split into three parts - protection of birds, protection of all other animals and protection of plants.


  • Offences relating to birds - for anyone to intentionally kill, injure or take any wild bird, to take damage or destroy any bird nest either being built or in use to take or destroy bird eggs.
  • for anyone to be in possession of a wild bird or egg either alive or dead.
  • Schedule 1 Offence to intentionally or recklessly disturb them whilst they are building or using a nest or where they are near a nest with young.
  • to disturb the young of these birds when they are still dependent on their parents.
  • Exceptions - Schedule 1 birds that could be disturbed by the use of vessels at sea include little and roseate which nest on areas of shingle provided the incident was the result of a lawful operation and could not be reasonably avoided.
  • further offences of illegal methods of killing and taking wild birds - anyone using for the purpose of killing or taking that bird is liable.
  • offences relating to the sale of alive or dead birds and eggs as well as keeping of birds.
  • Penalties - maximum fine up to £5,000 and/or up to 6 months' imprisonment in relation to a single bird, nest or egg.
NB this act is subject to amendments under The Countryside and Rights of Way Act 2000 (CRoW Act)

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