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Importance of forensic investigation
Importance of forensic investigation
Importance of collecting evidence at the crime scene
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Before forensic evidence is presented in a trial, it must be deemed admissible (Imwinkelried, 1998). The admissibility of evidence is determined by its reliability, its relevance and its legitimacy. The evidence must be screened against the trial court’s Rules of Evidence. The trial court is the deciding factor on the admissibility or inadmissibility of any forensic evidence. The Rules of Evidence are utilized by the courts to determine if either side (Defense or Prosecution), have presented any evidence that may be irrelevant to the case at hand (Imwinkelried, 1998). This means the evidence presented must be absent of prejudice and hearsay. Discussion As potential, future Forensic Scientist, it is important to understand the system of checks …show more content…
Direct evidence is possibly the hardest to establish since it requires no further justification. Eyewitness testimony, is generally presented as direct evidence, however, several cases have been overturned that were based on eyewitness testimony that were later disproved by DNA evidence (Netzel, Keily & Bell, 2014). Kenneth Kagonyera was convicted in 2001 on eyewitness testimony in North Carolina (Schneider, 2013). Mr. Kagonyera was allegedly coerced into falsely confessing. In 2011, due to the diligence of The Innocence Project, he was exonerated by DNA evidence and the eyewitness recanted their testimony (Schneider, 2013). Forensic evidence is generally considered circumstantial evidence. Circumstantial evidence can only infer that a defendant was at some point present at a crime scene (Netzel, Keily & Bell, 2014). Circumstantial evidence can in no way conclusively address a defendant’s guilt or innocence. Barry Laughman was convicted of the rape and murder of his elderly neighbor in 1988 in Pennsylvania. The prosecution knew that the killer had type B blood (Dervan & Edkins, 2012). Mr. Laughman tested as type A. The prosecution, fully aware of the evidence, considered it only circumstantial evidence and not enough to exonerate Mr. Laughman. It was not until 2004 that additional DNA evidence was discovered that collectively, with the initial blood evidence, helped to exonerate Mr. Laughman (Dervan …show more content…
Therefore someone who has the special knowledge or experience should be allowed to testify. This is a fundamental case law for Forensic Scientists, for it is the case that introduced expert witness testimony (Imwinkelried, 1998). Additionally, this case also stipulated to the admissibility of scientific evidence known as the general acceptance criteria (Imwinkelried, 1998). This ruling stated that evidence must be generally accepted in the particular scientific field of study before it can be introduced and accepted as testimony (Imwinkelried, 1998). Frye was speaking specifically to the validity of the polygraph test, but it is still applicable today as forensics are always on the cutting edge of technology (Netzel, Keily & Bell, 2014). Therefore if the Scientist’ specific jurisdiction still utilizes the Frye standard, that technology would have to be generally accepted in a significant portion of that scientific
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.
Judges make rulings on what evidence may or may not be admitted over the course of a trial and technology impacts the way police collect and process evidence, this is true today as well as during the 1892 trial of Lizzie Borden. The rudimentary practice of evidence collection and processing by police was a critical factor in the acquittal of Lizzie Borden. Fingerprinting had not been introduced into the court system and the absence of an eyewitness left the prosecution with little to work with, this left the prosecution only circumstantial evidence but most if not all of it pointed at the defendant. The Borden home was absent of any signs of forced entry and the traditional signs of a struggle couldn’t be located during the police examination but several gruesome facts indicated Lizzie Borden may have been innocent. Medical evidence as to the method used in the killings pointed toward a “tall man” being the culprit, specifically the nineteen wounds inflicted on Abby Borden were said to have been from a dull edge of an axe.
Because Simpson was the prime suspect, the judge legally ordered searches on O.J’s house as well as the crime scene. The goal was to find proof that he did commit the crime, by finding DNA or items. Shortly after the searches and tests began, evidence was found. DNA from the crime scene matched the DNA of O.J. Although proof was found, Simpson continued to plead not guilty. Surprisingly enough, O.J st...
At least 99 percent of the time, forensic science is reliable and deem accurate. Although four experts that matched Brandon Mayfield’s fingerprint to the fingerprint on a bag at the crime scene, they in fact misidentified the evidence and Spanish police found out that the latent fingerprint actually belong to be an Algerian. This shown that forensic experts and attorneys can definitely be wrong; furthermore, it convey that not all evidence presented in the case is subjected to be infallible and there is a possibility for committed error. Leah Bartos, a UC Berkley graduate student with a Journalism degree, conducted an experiment to understand the process of becoming a certified forensic consultant. She had no prior knowledge in the forensic discipline, but became certified after she passed the open book exam and sent ACFET her bachelor degree, resume, and references. The ACFET exam have a 99 percent pass rate; therefore, it is criticized for creditability of its certified graduate and branded a diploma milling organization for-profit. Attorney can argue the weakness of the forensic evidence presented, hence forensic science call for bad science and can definitely be misuse in our adversarial legal
Abstract; This paper explors the effects DNA fingerprinting has had on the trial courts and legal institutions. Judge Joseph Harris states that it is the "single greatest advance in the search for truth since the advent of the cross examination (Gest, 1988)." And I tend to agree with Judge Joseph's assertion, but with the invention and implementation of DNA profiling and technology has come numerous problems. This paper will explore: how DNA evidence was introduced into the trial courts, the effects of DNA evidence on the jury system and the future of DNA evidence in the trial courts.
According to the Federal Rule of Evidence 703, an expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opini...
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,
Welner M.D., Michael. "Competency to Stand Trial, Proceed Pro Se, Plea, Receive Sentenceing." n.d. The Forensic Panel. Web. 3 January 2014.
On the night of January 13, 2013, Jeffrey Wright was killed after causing his wife, Susan Wright, years of distress and abuse. His body was disfigured after being stabbed approximately 193 times. The body lay on his former mattress which had become blood-soaked and cut up. Attached to his wrists are ties which had been used to anchor him to the bed, making him unable to escape. His last visual memory was the sight of his wife hovering over him with a knife, wondering how she had been able to do what she was about to do. How could she, his wife, betray him and kill him with no remorse?
Observational evidence is what the officer sees, smells, or hears. An officer who observes a suspicious person looking into car windows while carrying a baseball bat late at night would fall into this category. Circumstantial evidence is an accumulation of facts that when viewed together imply that a crime has been committed; it is not direct evidence. An officer may call upon their expertise when gathering evidence. An example would be an officer who can read gang graffiti to conclude that a criminal activity has taken place. Evidence may also be gathered through information, like hearing a call on police radio or receiving a tip from a confidential informant. Some forms of evidence, such as circumstantial, must be supplemented by other types of evidence. However, some sources are strong enough to stand on their
Forensic Science, recognized as Forensics, is the solicitation of science to law to understand evidences for crime investigation. Forensic scientists are investigators that collect evidences at the crime scene and analyse it uses technology to reveal scientific evidence in a range of fields. Physical evidence are included things that can be seen, whether with the naked eye or through the use of magnification or other analytical tools. Some of this evidence is categorized as impression evidence2.In this report I’ll determine the areas of forensic science that are relevant to particular investigation and setting out in what method the forensic science procedures I have recognized that would be useful for the particular crime scene.
4. The basis for the admissibility of the evidence as part of res gestae is its close connection to the facts in issue as to form part of the transaction out of which the facts in issue arose. 4 Res
Evidence collection is a crucial part of forensics. Its reliability can be compromised by input bias from law
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.
As far back as 1832, James Marsh was the first to use forensics at trial to give evidence as a chemist in 1832. Since that time forensic science and evidence has come a long way in various ways and technology to help in determine if the suspect is guilt or not, through such things as DNA testing, blood, and fingerprints. The first forensic police crime lab was created in 1910. The contributions of Dr. Edmond Locard, a French scientist and criminologist, proposed that “everything leaves a trace”. This principle is still valid today as it was so many years ago. No matter how small, the specialized trained technicians and investigators can take these methods and go to a crime scene to get evidence. “Forensic science is the application of sciences such as physics, chemistry, biology, computer science and engineering to matters of law.” (Office of Justice, 2017) These different sciences can help achieve and assist in solving a case. Forensic science has also the ability to prove that a crime was committed, it can find the elements of the crime, it can help place the suspect at the scene and whether the suspect had any contact with the victim. However, in the last several years the techniques and with the use of technology the evidence that forensic science uncovers can also exonerate an innocent individual who has been falsely accused of the