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The preservation process of physical evidence
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Standard procedures in the handling of physical evidence is a crucial factor in the criminal trial process. Any deviation from standard operating procedures in the handling of physical evidence can affect the outcome of a trial. Physical evidence is described by the Oxford Reference - A Dictionary of Forensic Science as: any type of tangible evidence as opposed to something such as the testimony of an eyewitness. Physical evidence can be anything that is capable of being perceived by touch. It can be as minute as a piece of dust, or as large as a car. Physical evidence must be preserved, documented, collected, marked, transported, and stored in a way that preserves the integrity of the particular type of evidence. It is subjected to a chain …show more content…
Known standards must be recognized and followed so that possession is obtained legally, evidence is marked appropriately samples are properly preserved, and the acquisition process is reported accurately. A complete chain of custody must be documented. Missing evidence or gaps in the chain of custody can produce doubt regarding the validity of the evidence. Doubt can lead to a ruling that evidence not be considered in a court of law because it lacks value in the prosecution. A ruling of not guilty, a mistrial or a complete dismissal of the case could ensue based on whether or not key evidence was dismissed from consideration, or how physical evidence is handled. In the case “Incredible Evidence” illustrated in our textbook on pages 68 and 69, a jury issued a verdict of not guilty in the high profile case involving O.J. Simpson, based on how the evidence was handled during the …show more content…
Prosecution alleged that the delay in discovery would have given police ample time to plant the blood. • Navy Blue Socks: Blood from both victims matched the stains on the socks. • Leather Gloves: Prosecution suggested that one of the gloves was transported from the crime scene by police and planted on the walkway. • Simpson’s Blood Sample: Detective Vannatter did not take the blood samples obtained from Simpson at police headquarters to the evidence department or crime laboratory at police headquarters. Instead, he transported the samples to the crime scene and gave the sample to the crime scene technicians still on scene collecting evidence. The defense maintained that this was not established procedure, and that police planted the defendants blood at the crime scene and various pieces of evidence. The defense maintained that 1.5 milliliters or Simpson’s Blood was unaccounted for by the crime laboratory. • EDTA: EDTA is a preservative that was found in minute quantities in the blood evidence. The defense contended that finding the preservative was indicative to the blood
This arises several questions. First where was the bloody rag found? Second, did the police have probable cause that Meyers was under suspicion of murder? Or was it simply a case of reasonable suspicion? In my opinion the results of the tests performed on the bloody rag found in Meyers case should not be admissible since Myers was not under suspicion of murder, and the bloody rag was not included in the lawful search warrant.
The Supreme Court used this evidence, and the fact that the pants and the blood had been transported to the crime lab in the same box, and that a vial and a quarter of autopsy blood were missing, to rule that, if known by the jury, could have created reasonable doubt (House V. Bell, 2006). This, along with the evidence, presented by House, that Mr. Muncey had a history of spousal abuse against Mrs. Muncey, and the fact that he had fabricated an alibi to cover his whereabouts for the time of the murder, could have created a reasonable doubt in the minds of the jury, had it been presented at trial (House v. Bell, 2006). It was with these facts in mind that the Supreme Court reached a final ruling in this case. The Court’s final ruling was that while House had not presented sufficient evidence to exonerate himself completely, he did present enough evidence to create the question of his actual guilt, and warranted a new trial (House v. Bell, 2006).
In this position paper I have chosen Bloodsworth v. State ~ 76 Md.App. 23, 543 A.2d 382 case to discuss on whether or not the forensic evidence that was submitted for this case should have been admissible or not. To understand whether or not the evidence should be admissible or not we first have to know what the case is about.
found behind the guest house was proven by DNA testing to have O.J.'s blood and
Two detectives were assigned to the case: Harry Hanson and Finis Brown. [2] When they and the police arrived at the crime scene, it was already swarming with people, gawkers and reporters. The entire situation was out of hand and crowded, everyone trampling all over any hopes for good evidence. [2] One thing they did report finding was a nearby cement block with watery blood on it, tire tracks and a heel print on the ground. There was dew under the body so they knew it had been set there just after 2 a.m. when temperatures dropped to 38 degrees.
The relationship between law enforcement and prosecutors, which goes hand-in-hand, can’t be overlooked. Evidence of a crime that detectives and law enforcement discover is as equally important as a good trial on part of the prosecution. If detectives aren’t able to find good solid evidence – that case usually isn’t bothered in being pursued. Several years ago, in the late 80’s, there was a murder case in Southeastern Oklahoma which now serves as a tragic example to the need for honest, constitutional work in the criminal justice system. Disreputable investigative procedures, fraudulent sources, and bad evidence were the foundation of this case that shattered innocent lives.
If handled with care the evidence can be the best assistance to the crime investigator and can be used as a major proof in court. To improve the investigation any detective or expert has to admit the necessity of the non-movable items observation and processing apart from the regular movable evidence collection.
Fiber analysis was a major forensic technique that was used to convict Williams. It can put someone at the scene of a crime. According to Locard’s exchange principle, when a person comes in contact with an object or person, a cross transfer of materials occurs. This was very true in the Williams case. The investigators examined fibers found on all the victims. After collecting and examining the fibers, they searched Wi...
Therefore, the criminal justice system relies on other nonscientific means that are not accepted or clear. Many of forensic methods have implemented in research when looking for evidence, but the methods that are not scientific and have little or anything to do with science. The result of false evidence by other means leads to false testimony by a forensic analyst. Another issue with forensic errors is that it is a challenge to find a defense expert (Giannelli, 2011). Defense experts are required to help the defense attorneys defend and breakdown all of the doubts in the prosecutors scientific findings in criminal cases. Scientific information is integral in a criminal prosecution, and a defense attorney needs to have an expert to assist he/she in discrediting the prosecution (Giannelli,
Forensic science plays a vital role in the criminal justice system by aiding an investigator’s case with scientific information based on the analysis of the evidence. Each crime scene is unique in its own way and using the evidence collected, forensic experts try to piece it together. An expert is someone who has had enough education, training, and experience to testify to the matter at hand (Harmon 2010). Unlike other witnesses in a case who testify based on first hand knowledge, the expert witness is not required to have firsthand knowledge of a particular case, and in fact, often does not. Rather, the expert witness testifies to the meaning of the facts (Whitcomb et al. 2005). Each forensic expert typically has a background in another scientific discipline, such as biology, physics, chemistry, etc. An expert with a biology background may work with DNA; chemistry may work in toxicology; and physics in blood spatter trajectories. Working separately on their own respected evidence, an investigator is able to collect all their data and set up a case (National Institute of Justice 2013). Usually, these experts will be hired by either the prosecution or defense in a criminal trial, or by a plaintiff or defendant in a civil litigation. The role of the expert witness exists in variants: between criminal and civil courts as well as the prosecution and defense.
Crime scenes are known to have many clues left behind. The obvious would be a the body or bodies, clothing, and sometimes even the murder weapon. While these are great way to solve a case there's another kind of evidence; trace evidence. Trace evidence are small pieces of evidence that are laying around a crime scene. There are many types of trace evidence some of them include metal filings, plastic fragments, gunshot residue, glass fragments, feathers, food stains, building materials, lubricants, fingernail scrapings, pollens and spores, cosmetics, chemicals, paper fibers and sawdust, human and animal hairs, plant and vegetable fibers, blood and other body fluids, asphalt or tar, vegetable fats and oils, dusts and other airborne particles, insulation, textile fibers, soot, soils and mineral grains, and explosive residues. Although these are the most common found elements, they are not the only ones. The Trace Evidence Unit is known to examine the largest variety of evidence types and used the biggest range of analytical methods of any unit. materials are compared with standards or knowns samples to determine whether or not they share any common characteristics. In this paper I will discuss the different kinds of trace evidence and how crime scene investigaros use it to solve cases and convict criminal.
Forensic science has been in practice for centuries; the first textbook on forensic science was printed in China during the 1200's; in the early 1800's, a technique was developed the first test to identify arsenic in the blood stream; the early 1900's lead to the development of using fingerprinting to identify victims and suspects. While these discoveries where important in criminal investigation, they were only the beginning. Only recently has forensic science significantly refined its techniques and accuracy. Today scientists can locate, identify and trace the tiniest of particles, and identify victims and suspects, beyond a reasonable doubt through DNA analysis. This evolution in forensic science is a prosecutor's dream; while a defense attorney's nightmare. Forensic science has made great strides.
The amount of evidence can either help win or lose a case. Every crime scene has evidence available for officers to collect. It is important for them to know what the standard protocol is for collecting evidence and how to properly collect it without contamination.
A crime scene is something that photographs are needed for. Furthermore, as photographs evolved and became more detailed they have been used to document close up evidence as well. Subsequently, this physical evidence can include things
In today’s society there are rules that define evidence pertaining to a defendant’s trial. These rules are defined as the “The Rules of Evidence” or “The Law of Evidence.” These rules create a safe and orderly environment, promote efficiency, and enhance the quality of evidence that pertain to all criminal trials. These rules restrict what a jury can and cannot hear or see, details of the law, and the importance of the effective performance of the law enforcement officer. Americans are well aware of the rules that govern evidence; but what are they, what do they mean, how do they apply to each case, and how are they broken down.