The chain of custody is perhaps the most important aspect of evidence procedure. If trace evidence is improperly handled at any point during its journey from collection, to trial, the entire case against the defendant could be in jeopardy. This paper will examine trace evidence, its requirements, and the necessary steps required to prove its validity during trial proceedings.
Physical and trace evidence collected at a crime scene can be an invaluable tool for investigating officers, as well as prosecuting attorneys. However, it is imperative that evidence be handled appropriately, and following the appropriate chain of custody from collection to trial. Physical evidence can play both a direct or circumstantial role in the
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In Davis v. Mississippi, the Supreme Court stated that fingerprints where inherently more reliable than eyewitness identification (Gardner, 2016). Although finger prints are considered extremely reliable, steps must be taken to ensure that the fingerprint was actually left at the crime scene during the time period that the crime was committed. In order to prove a fingerprint’s validity, the prosecution must rely on both expert testimony as well as detailed, accurate, and proper chain of custody documentation. In order to prove the correct timing of the latent print, evidence can be provided through a few methods. One method is the use of an eyewitness who can testify to the defendant’s presence during the time of the crime (Gardner, 2016). Additionally, testimony proving that the surface was just cleaned or washed immediately prior to the crime is admissible (Gardner, 2016). Finally, “fairly fresh” prints at a crime scene where the defendant did not have access, or prints left in blood that could only be placed after the smear was made can be considered admissible (Gardner,
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
Physical evidence is anything that can establish a crime has occurred and anything that links the crime to a criminal. Three examples of physical evidence are fibers, weapons, and hair.
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.
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).
Now a day’s evidence can change a person’s life in the blink of an eye. “People were often punished for crimes based on the word of one or two individuals, with little concern given to sorting out the truth of the affair” (Hunter 12). But today a person must be tried and some physical evidence is needed in order for a person to be convicted of a crime.
Forensic evidence has been shown to be reliable due to many factors of evidence such as DNA, blood, fingerprints, etc.; however, many cases have shown that
Tashanna N Garcia is currently enrolled in the Masters of Criminal Justice, with a concentration in Forensic Science, program at Saint Leo University. Tashanna comes from a military background where she served as an officer in the United States Marine Corps. Her military training was essential to her transition into law enforcement, where she spent the last ten years working for two police departments as a patrol officer and then for the Alabama Department of Public Safety as a Traffic Homicide Investigator for the State Troopers. Tashanna hopes to return to the law enforcement field in an administrative capacity and has a passion for forensic disciplines. Correspondence concerning this paper should be addressed to Tashanna N Garcia,
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
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.
All available physical evidence is handled competently. Evidence will be recorded and processed correctly and inside the law procedures.
All these types of evidence can be used during a court case or it may be only certain types of evidence that is used. It all depends on the type of case and the severity. In any case, if a lawyer is trying to prove innocents or guilt, they will want to have some type of evidence to back up their claim. In the past couple of years there has been a number of police officers and department that have been in the spot light for some kind of wrong doing. In cases like this, evidence to prove these police officers innocents is
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
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.
There are many tangible circumstances that tend to prove or disprove some facts in all criminal or civil cases. Under rule 41(b) “A warrant may be issued under this rule to search for and seize any (1) property that constitutes evidence of the commission of a criminal offenses; or (2) contraband, the fruits of a crime, or things otherwise criminally possessed; or (3) property designed or intended for use or which is or has been used as the means of committing a criminal offense; or (4) person for whose arrest there is probable cause, or who is unlawfully restrained” (John N. Ferdico, 1999). Evidence is one of the single most important pieces of a criminal trial. It is used to determine a defendant’s guilt or innocence.
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