Some individuals do not trust the evidence collection process and may feel that law enforcement professions may often manipulate evidence to get their desired results for a trial or conviction. The evidence goes through safeguards to help prevent the evidence from being manipulated, but there are opportunities to manipulate evidence or to alter the evidence in the collection process to benefit an individual’s agenda during the trial process. I will identify some areas where a corrupt investigator would be able to alter evidence.
Crime scenes are searched in order to find and collect evidence and clues. First, the investigator must insure that the scene is secure and protected. Next, the investigator must plan their search and determine the number of personnel and equipment that will be needed. It is important to remember not to begin searching until the scene has been documented through notes, photography, and sketching. The normal procedure in planning a crime scene search is for the lead investigator or search leader to survey the crime scene by doing a walk through and assign subordinate workers to tasks. There are several factors to consider in the planning process. The factors are the location of the crime, the type of crime and evidence sought, where evidence is most likely to
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They also affect how a case is explained through witness testimonies and evidence in the trial process. The rules of evidence show the amount of evidence that is required to provide proof of a criminal case. The collection of evidence and information at the scene of the crime needs to focus on forming the elements to the crime being investigated and proving the crime at a criminal trial. The law of evidence guides the crime scene investigative process. The rules of evidence affect how crime scenes are investigated and how a criminal case is presented through the criminal trial process (Buckles,
The popular television show, CSI: Crime Scene Investigations has been on the air for 12 years, and it has brought forth the behind-the-scenes actions of criminal investigations, even if its portrayals are not always scientifically accurate. This has caused an interest in the forensic sciences that has led most people to a skewed view of how a criminal investigation actually works. The reality of a criminal investigation is that it is generally more tedious and difficult than the theory of criminal investigation would have you believe. By examining the forensic and investigative procedures of the case of Pamela Foddrill, it is apparent that the theory of criminal investigation was not representative of the procedures concerning examination
By now the crime scene has been labeled a homicide and detectives have been dispatched to the scene. When the detectives arrive the lead officer will then provide a detailed crime scene briefing to the detective in charge of the scene. This briefing will be the only opportunity for the detective to receive the initial aspects of the crime scene prior to subsequent investigation. Since the crime scene and any/all evidence collected are the key factors in making a case, the crime scene must be documented as soon as possible including, appearance and condition of the scene upon arrival, lights on/off, shades up/down, doors, windows open/closed, any unusual smells, ice, liquids, weather conditions, temperature, and any personal items that may have been left behind. Once the lead detective has been briefed and evaluates the scene him/herself, he/she will then need to determine if consent to search and/or obtaining a search warrant is needed. The scene assessment allows the lead detective
There are specific ethical considerations that need to be addressed when investigating Homicide and rape. A few of these ethical considerations are shared between the two such as the investigators mind state. This plays an important role in the preparations required for a successful prosecution. The investigator must be open-minded to any and all possibilities and be un-bias. The investigator must also know how to conduct all the elements of an investigation in the proper manner from a professional and legal aspect.
Criminal justice systems must ensure the review of the forensic science by providing standardization of the interpretation of evidence. Trusting that the system at hand which relies upon an adversary system can ensure adequate protection from faulty forensic science is unrealized (Gershman, 2007). Most importantly is the lack of checks and balances in a judicial system where according to the Bureau of Justice Department (2011), 90 to 95% of criminal cases in state and federal level are resolved by plea bargain (3). Forensic science should be validated before its use through empirical standardized, and the court system must subscribe to the ethical use of forensics to serve justice (Garrett & Neufeld, 2009). Prosecutorial misconduct contributes significantly to wrongful convictions (Joy,2006). Examples are not isolated nor rare, and conclusion coupled with unprincipled motivation requires a more stringent requirements ethics, transparency, and standardization (Joy,2006). Criminal justice systems do not identify innocent defendants, thereby losing significant factors that contribute to wrongful conviction (Gould, J. et al., 2013). Police and the courts continuously increase their reliance on forensic science to corroborate evidence, signifying the necessity for validation and standardization (Strom, K., & Hickman, M., 2015). However, we must embrace that flawed forensics impacts our criminal justice system and can contribute to the death of the innocent. Blind faith in a proven imperfect system jeopardizes
During criminal trials, evidence statutes decrease the manner that evidence can be presented and the content of evidence given during a trial. Evidence rules not only assure a stable running criminal trial, but additionally, assure a defendant's right to a unprejudiced trial. Commonly, rules of evidence are decided first on a state-by-state foundation, but since the Federal Rules of Evidence were established approximatly forty states accept these adjustments. Furthermore, judges do not have to restrict violations or strike evidence rules on their accordance, however rather it's the responsibility of the prosecution or defense to dispute actions possibly violating rules of evidence (LawFirms, 2016).
Behind every court case there’s a train of forensic science evidence and research. Forensic science is the application of scientific principles of criminal justice. In many court cases a forensic scientists is the one on the scene collecting finger prints, photos, blood samples and other evidence. Unfortunately one of the controversial issues in the forensic world is the evidence and its lack of verification of its reliability. In the field of forensics there are issues in finding proof in generating conclusion, fundamental knowledge to solve problems, and the whole false memory defense in the court. These issues can be solved in many ways like extensive research, preparation and training. These issues
They have to make sure that before they entered the crime scene, nothing in the scene should have been moved. While they are going through a walk-through, they may have to construct theories about what happened in the crime scene based on visual examination. Investigators have to take photographs of the scene and will later on be collected. Taking photographs of the scene will help them solve the crime because there are some points of the investigation that investigators may have overlooked evidence, and that evidence could be found in the photographs. After taking photographs of the scene, they will start to collect clue and evidence that may lead them to their possible suspect(s). What they may find in the crime scene are fingerprints which can be done using colored powder and a brush, other thizngs such as blood, firearms, hair, glass and many more things that can be found in the crime scenes.
The entire investigation hinges on the first person that arrives on the scene ability to properly identify, isolate and secure the scene. Establishing a restricted perimeter is key so civilians do not damage any evidence. The chain of custody must be established immediately once objects are photographed and sketched the scene is completely. The chain of custody is the written chronological history of who had the evidence when. Tampering of evidence can make or break one’s case. Patience and care are very important at the crime scene. The investigator should take the proper time and care in processing the scene. The work is tedious and time consuming but extremely important in any case. You only have one chance to get it right because once it goes to trial it more than likely over at that point and in the hands of the
The solving of a crime is highly dependent on the evidence gathered by the investigative team. The crime scene will be the place where most (but not all) evidence will be located. This evidence can range from tiny hair which are hardly visible to the naked eye to the more conspicuous pieces of clothing left behind by the assailant. Whatever the case, this evidence often may often have a very short life before it either gets destroyed or is contaminated. Hence it is imperative that it be gathered with utmost care and sincerity so that the evidence can lead to the solution of the crime.
Lee and Palmbach (2001) point out that the processes involved in examining a crime scene does not need to be sophisticated or elaborate; instead, investigators need to concern themselves with adhering to the fundamental principles and procedures within crime scene investigation. It is important to remember that there is not a comprehensive plan or sole guiding principle when it comes to processing crime scenes (Pepper, 2010, p. 101). This being the case, exploring different protocols and methods that assist in forming a logical plan towards crime scene investigation is crucial in policing. Understanding how different methods, protocol, and elements relate and connect to
There are several search methods or patterns applied in an organized search. Factors such as the number of searchers, the size of the area to be searched, the terrain, etc. are used to determine the method or pattern to be employed in the crime scene search.” (Amos, 2011)
There are many different procedures in Forensic Science which are used to gather evidence from crime scenes, all of which vary due to no crime scene being identical. Examining the evidence from a crime scene is essential and a very important factor of Forensic Science. The evidence gathered from a crime scene will provide facts and piece together information regarding the crime committed, this information is then used to form a case and debate what happened at the crime scene. Once all the information is gathered and the facts are established, the case is then presented to a court of justice to prove or disprove any facts and evidence.
Evidence is defined as any matter of fact, the effect, tendency, or design of which is to produce in the mind a persuasion, affirmative or disaffirmative, of the existence of some other matter of fact that a crime has been committed.(Paul B. Watson, 1986) In a legal sense, evidence is the information presented in court during a trial which enables the judge and jury to decide a particular case (Garland & Stuckey, 2000). There are two main types of evidence, which are testimony and physical items which can be presented to the judge and jury during a criminal trial. Physical evidence is any evidence found at the perpetrator’s
Evidence is the key element in determining the guilt or innocence of those accused of crimes against society in a criminal court of law. Evidence can come in the form of weapons, documents, pictures, tape recordings and DNA. According to the American Heritage College dictionary, evidence is the documentary or oral statements and the material objects admissible as testimony in a court of law (476). It is shown in court as an item of proof, to impeach or rehabilitate a witness, and to determine a sentence. This paper will examine two murder cases, O.J. Simpson and Daniel Taylor.
A crime scene investigation is effective when correct identification, documentation and collection, and preservation of all physical evidence is obtained accurately. Initially, a responding officer will arrive at the scene and carefully analyze the unaltered crime scene. The process of the crime scene investigation then begins and pans out into, hopefully, a resolution. Crime scene investigations require several vital stages which ultimately lead to solving crimes. The basic stages are the preliminary approach and protection of the scene, gathering evidence and processing, and finalization and release of the crime