All evidence must be obtained, identified and properly preserved. Evidence in an unprotected crime scene will degrade, diminish, or disappear over time unless collected and preserved. No matter how carefully done, collecting evidence will result in a post-crime transfer of material. The Integrity of evidence requires that any item introduced in court must be in the same condition as when it was found at the crime scene. The document that I would provide would be the chain of evidence also known as the chain of custody. The value of the evidence can be compromised is the evidence is improperly collected, handled or identified. So I would have a roster that has a number, description, number of pieces, who collected the item, and where it would
The gathering, protection and safeguarding of evidence is a crucial facet of evidence integrity, without accurate adherence to these processes, vital evidence that could possibly have significant influence on a court case could be deemed inadmissible. Therefore identifies the importance in establishing policy and procedure for law enforcement agencies in the identification, collection, and storage of evidence. Objects that constitute fruits, instrumentalities, or evidence of the crime or are contraband may be introduced in evidence and exhibited to the jury if it is proven that such objects offered as evidence relate to the crime charged (Garland, 2015, p. 417). Below is a procedure for handling physical evidence for presentation
Preserved and appropriately maintained custody of evidence through submission of evidence to the laboratory and evidence custodian for analysis and safekeeping.
Do you know what the steps are when it comes to processing firearms evidence? The first step to processing a firearm as evidence is to put gloves on your hands. Then you should take pictures of the gun when you find it at the crime scene. Make sure the picture is as clear as possible because it will be used in the court room. Make sure you included some form of measuring the gun that is in the picture. Next, take the bullets out of the gun and put the bullets in a line. Take a picture of it so the court can see the amount of bullets that was found at the crime scene in each gun. You also need to take pictures of all of the empty bullet shells that you may
Preserve Physical Evidence: Collect any physical items you have that might relate to the alleged incident or the accuser. This includes any photos or videos, as well as evidence like clothing and other objects they may have touched, including cell phones and computers. As much as possible, you should avoid manipulating these items any further or doing anything that could potentially destroy physical evidence.
The most efficient and acceptable means for the collection of evidence to be permissible and admissible to a court of law through trial proceedings is to maintain a credible chain of custody. However, the chain of custody is an insufficient factor without proper discovery retrieval and/or collection of evidence. When offenders respond to a scene in which there is evidence to be collected, only officers properly trained in the process are allowed to collect the evidence. In the State of Georgia, law enforcement officers undergo a strenuous police academy course in which they learn the fundamentals of collecting elements such as fingerprints and bodily fluids. In addition to learning the fundamentals of collecting elements at a crime scene, they are also instructed and trained on how to properly take crime scene pictures. These pictures are important because they show the courts where an element or piece of evidence was discovered in reference to the whole sight of the scene. Once the officer collects the elements/evidence according to his or her training they place the evidence in either a plastic or paper bag to be submitted into evidence. Upon the collection of evidence there is a legible record of each person that handles the evidence from start to finish
All States require certain evidence for different criminal and civil cases but states do not come up with their own rules. According to the article, What are the Rules of Evidence, (2016), the Federal Rules of Evidence govern the admissibility of evidence in federal trials, but state rules of evidence are largely modeled after the federal rules. The most important thing about evidence is getting the right evidence need for the case and is the evidence going to help you in the long run. Many times lawyers lose a case because of the evidence or the failure to disclose the evidence. In some cases the evidence used was not enough or not right for that case and that will also cause a lawyer to lose a case.
However, back in the 1980s, detailed studies were done to try to accomplish this task. One specific comprehensive study was done in 1984 by Peterson et al. In this study, the analysts found that physical evidence was discovered in only about twenty to thirty percent of serious crimes (Peterson, 2013). When each of the crimes were studied separately, however, they found that only crimes such as homicide, drug, or rape resulted in a large chance of physical evidence being found at the crime (Peterson, 2013). Cases such as attempted murder, burglaries, and robberies yielded lower chances of the retrieval of physical evidence from the crime (Peterson, 2013). When considering all of these possible crimes, the most commonly collected evidence were controlled substances, and then in lesser amounts, there was other physical evidence such as blood, hair, firearms, and fingerprints (Peterson, 2013).
Today, more than ever, the quality of evidence in criminal cases is scrutinized because of contamination. Contamination is the introduction of something that physically corrupts a substance at a crime scene that was not previously there; it comes in many forms and most often times comes from the humans who investigate a crime scene. It is imperative that prevention of cross-contamination is implemented when gathering evidence. Several of the more sensitive forensic techniques such as trace analysis, bloodspatter interpretation, and DNA comparison are not being used to their fullest potential. Items of physical crime scene evidence are not always visible to the naked eye and may be easily overlooked so deliberate and methodical approach to collection and preservation of evidence is essential. Prosecutors have lost cases due to crime scene contamination; this could be prevented by simple and productive behaviors. The U.S. Supreme Court, in a leading case on physical evidence, stated:
Physical evidence/scientific examinations is the evidence found at the scene of the crime. This can include clothing, blood, fingerprints, weapons and much more. An example of physical evidence could be any listed above but also a bloody knife or a casing from a bullet.
In the second part of the following essay I will be nominating one source of evidence that is present at the scene of a scenario. I will be discussing in my own words how Police should collate, handle and analyse the piece of evidence in a Criminal Investigation. In doing this I will be using relevant crime scene powers, NSWPF operational guidance and making reference to the Horswell (2004) reading.
All available physical evidence is handled competently. Evidence will be recorded and processed correctly and inside the law procedures.
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.
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
Evidence plays a major role usually in trail of a case. Several types of evidence can be used. Evidence can be divided into two categories – Testimonial evidence and Physical evidence. Physical evidence is one type of such evidence; this evidence can be brought to court room for observation during trails. This is the most important evidence. Physical evidence is also known as real evidence, they consist tangible article from tiny microscopic to macroscopic evidence from large building to molecules in air. It can be in solid, gas or liquid form. Advances in forensic science have increased the use of physical evidence
The location and condition of firearms and related evidence at a crime scene should be diagramed and photographed before recovering and securing. Although physical evidence is important, safety must be the first consideration. Each