INDEX

INTRODUCTION....................................................................................................................1

I. FORENSIC ENGINEERING...........................................................................................2

1.1. THE FORENSIC ENGINEER...............................................................................2

1.2. GENERAL QUALIFICATIONS OF THE FORENSIC ENGINEER..................3

1.3. ETHICS AND PROFESSIONAL RESPONSIBILITIES......................................7

1.4. EXPERT WORK.................................................................................................10

II. LEARNING FROM FAILURES................................................................................12

2.1. DEFINITION OF FAILURE......................................................................................12

2.2. CAUSES OF FAILURE..............................................................................................14

CONCLUSIONS....................................................................................................................15

RESEARCH REFERENCES.................................................................................................17

ANNEXES.............................................................................................................................18
 1

INTRODUCTION

Forensic engineering is the complete analysis applying the scientific principles and
methodologies provided by engineering in all its different branches and subdivisions of this
applied science, which will respond to or explain events with implications for the rights of the
affected natural or legal persons. In this way, the judge will have valuable information, which
will bring him closer to the material truth of the events, thus determining a ruling more in
accordance with the law. The forensic professional gathers physical evidence so that from this he
can find the correct sequence of events, reconstructing each of the phases of the facts, that is, he
performs an engineering backwards in time, trying to find the cause that produced the fact, in this
sense, it is clear that the forensic engineer needs interdisciplinary knowledge, in addition to
developing his work requires familiarity with the norms, codes, and procedures, such as, in the
knowledge of the standards in work practices, since his work will not only deal with
investigating the causes of accidents and criminal acts, but also contributes to the prevention of
these, because as industrialization advances, in the same way the dangers to which it exposes
society increase, that is why the requirement to know laws and legal principles is essential in the
forensic engineer. Therefore, we are convinced that this person should have a background in
Law, as it is seen in practice that sometimes the different codes have antagonistic requirements,
which could be confusing if the expert, as the forensic engineer is called in Peru when he testifies
before the judge, is a layman in Law. In this short monograph we will try to explain some
concepts and methods used by this science that makes possible the realization of many technical
tests and expertise, to clarify events that are often tragic.

As is evident, our country, being part of a globalized world, cannot be alien to this specialty,
since criminality cannot outpace justice. And as law students it is also necessary to know about
these methods and scientific bases.
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I. FORENSIC ENGINEERING

Forensic engineering deals with the systematic study of evidence to determine the sequence of
events that are to be investigated; this science is applied and interdisciplinary. applied because it
is not only concerned primarily with finding the original causes that gave rise to the events,
which are generally associated with crimes, accidents or catastrophes, but also with applying the
methods and principles of engineering and it is interdisciplinary because it relates these to
current regulations in order to present its report to the judge. Professor Randall K. Noon defines
forensic engineering as follows:

Forensic engineering is the application of engineering principles and methodologies to

answer questions of fact. These questions of fact are usually associated with accidents,
crimes, catastrophic events, degradation of property, and various types of failures. (Noon,
2001, p.17)

Which could be understood as, “Forensic engineering is the application of engineering

principles and methodologies to answer factual questions. These factual questions are typically
associated with accidents, crimes, catastrophic events, property degradation, and other types of
failures.”

1.1. THE FORENSIC ENGINEER.

It is understood that the forensic engineer is a professional who has the necessary knowledge to
reconstruct the facts from the evidence found in the analysis carried out to understand the
failures caused by the facts of study, Professor Kenneth L Carper defines the forensic engineer as
follows:

The forensic engineer is a professional engineer who deals with the engineering aspects of
legal problems. Activities associated with forensic engineering include determination of the
physical or technical causes of accidents or failures, preparation of reports, and presentation
of testimony or advisory opinions that assist in resolution of related disputes. (Carper, 2001,
p.22)

It can then be said, in the words of Professor Carper, that “The forensic engineer is a
professional engineer who deals with engineering aspects and legal problems. Activities
associated with forensic engineering include determining the physical or technical causes of
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accidents or failures, preparing reports, and presenting testimony or advisory opinions that assist
in the resolution of related disputes.” The forensic engineer performs an important auxiliary
activity for the administration of justice because, although his reports are not binding, it cannot
be denied that the judge can use them to justify his sentences.

1.2. GENERAL QUALIFICATIONS OF THE FORENSIC ENGINEER.

The specific technical skills required of the forensic engineer vary with the discipline. However,
some general personal and professional characteristics are prerequisites for successful forensic
practice.

1.2.1. Technical competence.

The forensic engineer must have demonstrated competence in his or her specialized engineering
discipline. Competence is the result of education and experience. A professional engineering
license is required to qualify as a forensic engineer. A forensic engineer who has extensive
professional experience, with many years of successful engineering practice, is likely to have
more effective testimony. Less experienced engineers may be more comfortable and effective as
members of the research support team. Active membership in appropriate professional societies
also contributes to the credibility of an expert witness.

1.2.2. Knowledge of legal procedures.

Along with technical competence, the forensic engineer must have a working knowledge of legal
procedures and related vocabulary. The vocabulary used in litigation is quite specific. The
forensic engineer who is not familiar with this language can do irreparable damage to an
otherwise sound presentation. Similarly, written communications or reports, if prepared or
published at an inappropriate time, may inadvertently affect litigation.

1.2.3. Research skills.

The forensic engineer, acting as an investigator, must possess certain detective skills. Diligence
must be exercised in collecting relevant data from the field and documents. The amount and
reliability of available data varies widely with each case and with each discipline. For example, a
greater amount of detailed and reliable evidence is available for a major airplane crash than for a
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car accident investigation. In the airline's investigation, there are numerous records, including
voice recordings and flight data recordings. In car accident investigation, the investigator has
limited access to evidence, especially if the investigation occurs in the provinces. Evidence may
be limited to police reports, photographs, and written records of eyewitness statements.

Much of research involves interpreting the data collected. During analysis, the researcher
must separate contributing factors from irrelevant elements. Data will always be incomplete and,
in some cases, redundant. Redundant evidence is always useful as it allows the forensic engineer
to verify conclusions.

An important aspect of data collection is respect for the protection of evidence. Physical
evidence must be preserved at all costs. Damage to evidence, even a minor alteration, can
profoundly influence the outcome of the investigation and the outcome of related litigation. Time
is critical for collecting reliable data. The forensic engineer is often required to move quickly to
an accident site. Evidence is sometimes destroyed immediately after a fire, industrial accident, or
major structural collapse during rescue and cleanup operations. The immediate response to such
events requires a flexible and resilient personality.

Part of detective work is researching standards, design, and material properties that existed
at the time the failed product or project was created. In this sense, the forensic engineer acts as a
historian. The forensic engineer approaches the investigation of a failure from the perspective of
physical causation and the given object, as it was designed and built. These two perspectives are
very different and require different skills and attitudes.

1.2.4. Oral and written communication skills.

The forensic engineer must be an effective communicator, both in oral and written presentations.
During the investigation, the media may interview the forensic engineer. Contacts with the media
should be seen as opportunities to rebuild public trust and demonstrate professional interest. This
can be accomplished without making premature specific statements, if the forensic engineer
speaks with good articulation and care.

Oral communication skills are also a prerequisite for effective testimony in the courtroom
or in public hearings. The forensic engineer can serve as an educator, explaining complex
technical problems in language that is understandable to laypeople without a technical
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background. The ability to use simple examples and clear language to illustrate complex
phenomena is essential and enhances credibility with the judge.

A written report is usually produced after a forensic investigation. The report becomes
the tangible record of the investigation. The quality of the report is reflected in the competence
of the researcher. Reports typically detail the findings of the investigation and include references
to all relevant supporting data. Preparation for the report should begin at the beginning of the
investigation and can help guide the investigation.

1.2.5. Familiarity with other social sciences.

Other skills are also useful in forensic engineering. Familiarity with the fields of psychology,
anthropology, and sociology is important. Photography skills are very useful. Often, the forensic
engineer retains consultants, such as imaging experts or human performance specialists, to
provide specialized skills. Recognition of the need for particular specialized consultants is an
important characteristic of the competent researcher.

1.2.6. Characteristics of his personality.

In addition to the above skills, Professor Carper (2001) reiterates that the effective forensic
engineer as an accident reconstructionist exhibits certain personality traits. The most important
characteristic for competent forensic engineering is high ethical standards. Ethical and
professional principles are tested more often, and to a greater degree, than in any other
engineering endeavor. The forensic engineer is in a position to negatively influence the
professional and personal reputation of all parties involved.

This position of influence should not be taken lightly. The forensic engineer must be able

to maintain objectivity and impartiality in the search for truth, in the face of constant pressure to
adopt an emotional or defensive position.

Flexibility is also a desirable personality trait. As stated above, the forensic engineer must
be willing to travel, at any time, to the site of a failure or accident. It is difficult to predict the
scope or direction of an investigation from the outset. Adjusting to new demands and directions
requires flexibility. Objectivity involves the ability to discard preconceived notions when the
facts do not support preliminary hypotheses. Forensic practice is not a profession for stubborn
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"know-it-alls." Furthermore, the effective forensic engineer must maintain confidence in his or
her competence during legal proceedings. The questioning of experts often involves open
challenges to their personal integrity and professional competence. These challenges are
unfamiliar to most engineers and put a lot of stress on those who are not prepared for the
situation.

Finally, the forensic engineer must have the ability to work effectively with others.
Sometimes the forensic engineer is the coordinator of a team of investigators. In other cases, the
forensic engineer may be a member of the support specialist team. During the data and evidence
collection phase of an investigation, the forensic engineer may cooperate with other investigators
representing diverse interests. Sometimes from large companies that are very interested in
reducing costs. Interpersonal skills are essential to maintaining positive working relationships
under such conditions.

1.3. ETHICS AND PROFESSIONAL RESPONSIBILITIES.

Litigation related to faults and accidents has reached an unprecedented level of activity in recent
decades. With this increase in litigation, there has been an increased demand for engineering
professionals to act as expert witnesses. Many people have been drawn to the field of forensic
engineering by the financial rewards and the seemingly limited exposure to liability, compared to
the increasing exposure to liability faced by the engineer in private practice.

Unfortunately, some people who lack the skills and attitudes discussed in the previous
section have entered this field. As a result of disreputable practices by unqualified individuals,
the ethical principles of forensic engineers are often questioned. This is why it is necessary to
work to keep bad practices out of forensic engineering, and professional associations and the
media are called upon to monitor these ethical standards. We believe that this should happen as
Professor José Miguel Mulet Salort tells us about the North American experience in his book
Science in the Shadow, which tells us that:

(…) in the cases of Josiah Sutton and Gregory Adams, accused of rape based on the victim's
recognition. DNA testing exonerated Adams, but apparently proved Sutton guilty. The
problem is that this happened in 1999 and quality controls in forensic genetics were not as
developed as they are now. A group of journalists reported on the numerous complaints
 7

about the results of the Houston forensic genetics laboratory responsible for the analysis.
Among the flaws, the way in which the results were presented. In Sutton's case, the
probabilities had been miscalculated, leading the jury to believe that he was almost certainly
guilty, but the reality was very different. A re-evaluation of Sutton's samples revealed his
innocence. The laboratory was eventually closed and reopened following other quality
standards. Fortunately, this case is an exception and we have no news of other forensic
genetics laboratories that have had to be closed due to bad practices (Mulet, 2016, p.102).

But also, ethical conflicts in forensic practice arise from the fact that forensic engineers are
usually hired by the parties to the dispute. Lawyers are hired to be their clients' attorneys.
Forensic engineers, however, must remain impartial "truth seekers," even when that truth is not
in the client's interest. The forensic engineer is required by ethical principles to maintain
objectivity. But the engineer's future compensation and reputation as a valuable expert witness
depend on client satisfaction, hence the forensic engineer's greatest ethical conflict. Other
potential conflicts of interest involve cases where a forensic engineer's own professional peers
are questioned regarding his or her technical competence.

1.3.1. Ethical recommendations for forensic engineers in their expert work.

When developing his work, the forensic engineer has the obligation to act in accordance with
ethics and good customs, in addition to avoiding conflicts of interest. To this end, Professor
Carper (2001) recommends the following ethical guidelines:

1. The forensic engineer must avoid conflicts of interest or the appearance of conflicts of interest.

2. The forensic engineer should enter into an engagement only when he or she is qualified to do
so, and should rely on other qualified parties for assistance in matters that are beyond his or
her area of expertise.

3. The forensic engineer must critically consider the opinions of other professionals in relation to
the matter in question.

4. The forensic engineer should obtain available information relating to the events in question to
minimize assumptions, and should be prepared to explain the assumptions in the facts.

5. The forensic engineer must evaluate reasonable explanations of causes and effects.
 8

6. The forensic engineer must strive to ensure the integrity of the evidence and investigations
carried out as part of the expert's services.

7. The forensic engineer must testify about the professional standards that prevailed at the time in
question, based on reasonable investigation.

8. The forensic engineer should use only those illustrative devices or presentations that simplify
or clarify a problem.

9. The forensic engineer must maintain custody and control over any material entrusted to his
care.

10. The forensic engineer must respect confidentiality regarding a task.

11. The forensic engineer must refuse or terminate his or her participation in an engagement
when remuneration is used in an attempt to compromise his or her expert judgment.

12. The forensic engineer must refuse or terminate his participation in an engagement when he is
not authorized to carry out the investigation he considers necessary to issue an opinion with
a reasonable degree of certainty.

13. The forensic engineer must strive to maintain professional demeanor and be dispassionate at
all times.

1.4. EXPERT WORK.

The expert work carried out by forensic engineering covers a wide range of aspects, and its
importance lies in the fact that the expert opinion issued is not binding, but will serve as a guide
to the judge who, making use of the principle of sound criticism, logic and other elements of
conviction, will base his sentence on this. This is what Sabrina B. says. Lamperti:

The probative value of the expert opinion will be estimated by the judge taking into
consideration the competence of the experts, the uniformity or disagreement of their
opinions, the scientific principles on which they are based, the concordance of their
application with the rules of sound criticism and other evidence and elements of conviction
that the case offers. (Lamperti, 2017, p.247)
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The forensic engineer, according to his specialty, performs different tasks among which the
following can be highlighted:

 Textile fiber and clothing testing.

 Determination of adulteration of serial numbers printed on metals.
 Fire investigation to establish the location and origin of the fire, its spread, and its causes.
 Identification and comparative study of vehicle paints especially related to traffic
accidents.
 Analysis of residues from explosive and incendiary devices, and from explosion sites.
 Determination of gunshot residue.
 Expert reports on machines or mechanical parts, household appliances that have caused
accidents or were subject to sabotage.
 Expert reports on boilers, autoclaves, ovens, gas cylinders, which have caused explosions
or fires.
 Examination of locks, padlocks, security doors, to verify signs of violence.
 Quality control of liquors, soft drinks, food and industrial products.
 Research into antiquity, eradication and deletion of writings.
 Factory inspections and sample analysis for environmental contamination.
 Crime scene inspection.
 Physical and/or chemical examinations on various samples.
 Examination of fuels and lubricating oils.
 Forensic voice identification.
 Fingerprint development by chemical methods.
 Collapse of metal and/or concrete structures.

In this last point, the work of the forensic engineer is very important because it allows the
study of design and/or construction failures in the structures that serve for the development of the
community, applying the scientific method, with this trial/error study the road infrastructure is
improved as stated by Dino Cerda Canelo:

Forensic engineering analysis allowed us to study the behavior of the Reque Bridge in
response to the hydrological events in the Chancay Reque River basin in response to the
rainfall that occurred before and after its collapse. To this end, a large amount of
 10

information and background information has been collected, as well as the application of a
hydrological model to generate the hydrograph and one-dimensional and two-dimensional
hydraulic models, which have allowed the event to be represented in an appropriate manner.
(Canelo, 2012, p.212)

II. LEARNING FROM FAILURES.

Much of the knowledge used to design, build, manufacture and operate engineering facilities
and products has been learned through failure and success, and by discarding and learning from
failed techniques a great deal of engineering design knowledge has been gained. Interdisciplinary
communication about the causes of failures and accidents often results in better design practices.

The forensic engineer can make a significant contribution to the process of learning from
failure by disseminating information to the design professions.

Professional and trade magazines tend to emphasize successful projects and products, and
rightly so. Modern engineering methods, construction procedures and manufacturing processes
result in many more success stories than failures. This is due, in large part, to the large number of
dedicated professionals working to improve quality control in the design and production of
engineering products and facilities.

However, the responsibility remains for professionals to also communicate about faults and
accidents. The tradition of learning lessons from experience, including failure, remains important
to the advancement of the engineering professions.

2.1. DEFINITION OF FAILURE.

Many performance impairments are not life-threatening, but they generate significant
economic costs to society.

Failure is an unacceptable difference between expected and observed performance.

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This definition is broad enough to include service problems such as nuisance vibrations,
excessive deformations, premature deterioration of materials, and inadequate environmental
control systems. For example, in buildings, the most costly recurring performance problems are
those associated with the performance of the building envelope. Leaking roofs and building
facades are not catastrophic, news-making events. But the forensic engineer spends a lot of time
investigating such problems. The dissemination of the results of these investigations can be of
great economic benefit to the designers, owners and operators of the facilities. Certainly, the
forces of nature are enough to ensure that designed facilities will not last forever. The job of the
forensic engineer is to investigate those projects that do not provide the expected quality of
performance for the expected period of time.

As long as structures and products are designed, built and manufactured by humans using
imperfect materials and procedures, failures will be experienced along with successes. The tools
and theories of modern technology are available to enable the designer to do a better job than
ever before of ensuring quality in the built project or manufactured product.

Unfortunately, there are trends in modern society that can lead to an increase in both the
frequency and severity of failures. Engineering professions have recognized these trends and are
developing strategies to mitigate their effects.

It is hoped that the work of forensic engineers will contribute to improving bad practices and
make them more visible in the future. Data collection and information dissemination activities
will be expanded to support the development of effective quality assurance/quality control
procedures. The engineering community will continue to learn from experience, following the
traditional trial and error approach.

2.2. CAUSES OF FAILURE

Failures are the result of a variety of causes involving technical and/or physical problems
and human errors and/or procedural factors. Often, the root causes of a failure or accident are
difficult to isolate and quantify. The causes may be a combination of interrelated deficiencies.
This is one reason for the complexity and confusion that often accompanies fault litigation.

The source of a failure is sometimes ignorance, incompetence, negligence and greed, the
"four horsemen of the engineering apocalypse" as Professor Carper (2001) calls them.
 12

Sometimes the project is exposed to environmental conditions or forces unpredictable by the

designer. In the case of buildings or civil structures, the effects of natural hazards, such as fire,
flood, extreme wind, or seismic events, may exceed reasonable predictions or accepted standards
of practice. However, even in these cases, carelessness in site selection, leading to unnecessary
or reckless exposure to natural hazards, can be a factor.

When failures are discussed in professional journals, the typical article focuses on the
technical and/or physical cause of the failure. There is a need for further discussion of procedural
issues. There is always a technical and/or physical explanation for a failure, but the reasons why
the failure occurs are often procedural.

The causes of structural failure in buildings and civil structures can be classified as follows:

1. Site selection and development errors: Land use planning errors, insufficient or non-
existent geotechnical studies, unnecessary exposure to natural hazards.

2. Scheduling deficiencies: Unclear or conflicting client expectations, lack of clear

definition of project scope or intent.

3. Design Errors: Conceptual errors, lack of design review, failure to consider a load or
combination of loads, connection details, calculation errors, incorrect use of computer
software, detailed problems including selection of incompatible materials or assemblies
that are not constructible, failure to consider maintenance requirements and durability,
inadequate or inconsistent specifications for materials or expected quality of work.

4. Construction errors: Nonconformity with design intent, excavation and equipment

accidents, excessive construction loads, incorrect sequencing, premature removal of
formwork, inadequate temporary support.

5. Material deficiencies: Inconsistency of materials, deterioration, manufacturing defects.

6. Operational errors: Alterations to the structure, changes in use, negligent overloading,

inadequate maintenance.
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CONCLUSIONS

1. Forensic engineering deals with the systematic study of evidence to determine the
sequence of events that are to be investigated; this science is applied and
interdisciplinary. applied because it is not only concerned primarily with finding the
original causes that gave rise to the events, which are generally associated with crimes,
accidents or catastrophes, but also with applying the methods and principles of
engineering and it is interdisciplinary because it relates these to current regulations in
order to present its report to the judge.
2. It is understood that the forensic engineer is a professional who has the necessary
knowledge to reconstruct the facts from the evidence found in the analyses he performs to
understand the failures caused by the facts of study.
3. When carrying out his or her work, forensic engineers have the obligation to act in
accordance with ethics and good customs, in addition to avoiding conflicts of interest.
4. The knowledge used to design, build, manufacture and operate engineering facilities and
products has been learned through failure and success, discarding and learning from
failed techniques has led to a wealth of engineering design knowledge. Interdisciplinary
communication about the causes of failures and accidents often results in better design
practices.
 14

RESEARCH REFERENCES

Canelo, D. C. (2012). Investigacion, Evaluacion y Análisis de Ingenieria Forense sobre Colapso

del Puente Reque. Lima, Peru: Universidad Nacional de Ingenieria, Facultad de
Ingenieria Civil, Tesis, para optar el titulo de Maestro en Ingenieria Hidraulica.

Carper, K. L. (2001). Forensic Engineering (2nd ed.). New York, EE.UU.: CRC Press.

Espinosa, S. C. (2012). La Ingenieria Forense Aplicada en la Investigacion de Incendios en una

Industria de Productos Quimicos. Barcelona, España: Universidad Politécnica de
Valencia, Tesis para obtener el titulo de Master Universitario en Seguridad Industrial y
Medio Ambiente.

Lamperti, S. B. (2017). El Rastro del Delito. Buenos Aires, Argentina: Unversidad Fasta
Ediciones.

Mulet, J. M. (2016). La Ciencia en la Smbra. Malaga, España: Agapea Libros Urgentes.

Noon, R. K. (2001). Forensic Engineering Investigation. New York, EE.UU.: CRC Press.
 15

ANNEXES

1. Forensic engineering investigation, evaluation and analysis of the collapse of the

Reque bridge. Dino Cerda Canelo (2012)
 16

Reque healthy bridge

 17

Water flow analysis

 18

2. Forensic engineering applied to fire investigation in a chemical products industry.

Sergio Cordero Espinosa (2012)
19