UNIT 5: PHYSICAL EVIDENCE PHYSICAL EVIDENCE • INCLUDES ANY AND ALL OBJECTS THAT CAN ESTABLISH THAT A CRIME HAS OR HAS NOT BEEN COMMITTED OR CAN LINK A CRIME AND ITS VICTIM OR IT PERPETRATOR. • USED TO HELP INVESTIGATORS RECONSTRUCT THE CRIME SCENE • THE PURPOSE OF RECOGNIZING PHYSICAL EVIDENCE IS SO THAT IT CAN BE COLLECTED AND ANALYZED. • ALMOST ANYTHING COULD BE CONSIDERED PHYSICAL EVIDENCE BUT THERE ARE A FEW COMMON CATEGORIES: COMMON CATEGORIES OF PHYSICAL EVIDENCE • BIOLOGICAL • BLOOD, SEMEN, SALIVA, BONES, OTHER BODY FLUIDS • IMPRESSION • FINGERPRINTS, TOOL MARKS, TREAD PATTERNS, SHOE PRINTS • MANUFACTURED • POWERED RESIDUE, DRUGS, EXPLOSIVES, PLASTICS, PETROLEUM PRODUCTS, PAINT, GLASS, FIBERS, • DOCUMENTS, SERIAL NUMBERS COMMON TYPES OF PHYSICAL EVIDENCE • • • • • • • • • • BLOOD, SEMEN, AND SALIVA DOCUMENTS DRUGS EXPLOSIVES FIBERS FINGERPRINTS FIREARMS AND AMMUNITION GLASS HAIR IMPRESSIONS • ORGANS AND PHYSIOLOGICAL FLUIDS • PAINT • PETROLEUM PRODUCTS • PLASTIC BAGS • PLASTIC, RUBBER, AND OTHER POLYMERS • POWDER RESIDUES • SOIL AND MINERALS • TOOL MARKS • VEHICLE LIGHTS • WOOD AND OTHER VEGETATIVE MATTER EXAMINATION OF PHYSICAL EVIDENCE • PHYSICAL EVIDENCE IS EXAMINED BY A FORENSIC SCIENTIST FOR IDENTIFICATION AND COMPARISON • IDENTIFICATION HAS, AS ITS PURPOSE, THE DETERMINATION OF THE PHYSICAL OR CHEMICAL IDENTITY OF A SUBSTANCE WITH AS NEAR ABSOLUTE CERTAINTY AS EXISTING ANALYTICAL TECHNIQUES WILL PERMIT. • FOR EXAMPLE: DID A BLOODSTAIN FOUND AT THE SCENE COME FROM A HUMAN RATHER THAN A DOG OR CAT? • A COMPARISON ANALYSIS SUBJECTS A SUSPECT SPECIMEN AND A STANDARD/REFERENCE SPECIMEN TO THE SAME TESTS AND EXAMINATIONS FOR THE ULTIMATE PURPOSE OF DETERMINING WHETHER OR NOT THEY HAVE A COMMON ORIGIN. IDENTIFICATION • REQUIRES THE ANALYSIS OF SPECIFIC PHYSICAL OR CHEMICAL SUBSTANCES TO THE EXCLUSION OF ALL OTHER POSSIBLE SUBSTANCES. • THE PROCESS OF IDENTIFICATION FIRST REQUIRES THE ADOPTION OF TESTING PROCEDURES THAT GIVE CHARACTERISTIC RESULTS FOR SPECIFIC STANDARD MATERIALS. • ONCE THESE TEST RESULTS HAVE BEEN ESTABLISHED, THEY MAY BE PERMANENTLY RECORDED AND USED REPEATEDLY TO PROVE THE IDENTITY OF SUSPECT MATERIALS. • FOR EXAMPLE: WHEN TESTING UNKNOWN POWDER TO DETERMINE IF IT IS HEROIN, TEST RESULTS MUST BE IDENTICAL TO THOSE OF A KNOWN HEROIN SAMPLE IDENTIFICATION, CONT’D • SECOND, IDENTIFICATION REQUIRES THAT THE NUMBER AND TYPE OF TESTS NEEDED TO IDENTIFY A SUBSTANCE BE SUFFICIENT TO EXCLUDE ALL OTHER SUBSTANCES. • EACH TYPE OF EVIDENCE REQUIRES DIFFERENT TESTS FOR IDENTIFICATION AND TESTING METHODS WILL HAVE VARYING DEGREES OF SPECIFICITY • ONE SUBSTANCE MAY BE IDENTIFIED ACCURATELY WITH ONE TEST WHILE OTHERS MAY REQUIRE A COMBINATION OF 5 OR 6 TESTS • ETHICS, REMEMBER, MANDATE NO UNNECESSARY TESTING JUST TO ACHIEVE A DESIRED RESULT COMPARISON • A COMPARATIVE ANALYSIS HAS THE IMPORTANT ROLE OF DETERMINING WHETHER OR NOT A SUSPECT SPECIMEN AND A STANDARD/REFERENCE SPECIMEN HAVE A COMMON ORIGIN. • BOTH THE STANDARD/REFERENCE AND THE SUSPECT SPECIMEN ARE SUBJECT TO THE SAME TESTS. • FOR EXAMPLE: FORENSIC SCIENTISTS MAY LINK A SUSPECT TO A CRIME BECAUSE HAIRS FOUND AT THE SCENE (EVIDENCE) ARE SIMILAR TO HAIRS REMOVED FROM THE SUSPECT’S HEAD (KNOWN STANDARD) COMPARISON, CONT’D • THE FORENSIC COMPARISON IS ACTUALLY A TWO-STEP PROCEDURE. • FIRST, COMBINATIONS OF SELECT PROPERTIES ARE CHOSEN FROM THE SUSPECT AND THE STANDARD/REFERENCE SPECIMEN FOR COMPARISON. • SECOND, ONCE THE EXAMINATION HAS BEEN COMPLETED, THE FORENSIC SCIENTIST MUST BE PREPARED TO RENDER A CONCLUSION WITH RESPECT TO THE ORIGINS. • COMPARED FOR CLASS AND INDIVIDUAL CHARACTERISTICS: INDIVIDUAL CHARACTERISTICS • EVIDENCE THAT CAN BE ASSOCIATED WITH A COMMON SOURCE WITH AN EXTREMELY HIGH DEGREE OF PROBABILITY • EVIDENCE WITH INDIVIDUAL CHARACTERISTICS: FINGERPRINTS, DNA, ETC. IRREGULAR AND RANDOM WEAR PATTERNS IN TIRE OR FOOTWEAR IMPRESSIONS STRIATIONS (RIFLING) ON BULLETS OR TOOL MARKS FITTING THE IRREGULAR EDGES OF BROKEN OBJECTS TOGETHER (JIGSAW) OR, MATCHING SEQUENTIALLY MADE PLASTIC BAGS BY STRIATION MARKS ALONG THE BAGS • FOR EXAMPLE: MATHEMATICAL CALCULATIONS HAVE SHOWN THE PROBABILITY OF 2 INDIVIDUALS HAVING THE SAME FINGERPRINTS TO BE ONE IN 1 X 1060 CLASS CHARACTERISTICS • EVIDENCE ASSOCIATED ONLY WITH A GROUP IS SAID TO HAVE CLASS CHARACTERISTICS. • SOMETIMES FORENSIC INVESTIGATORS CANNOT RELATE PHYSICAL EVIDENCE TO A SINGLE SOURCE WITH A HIGH DEGREE OF CERTAINTY…BUT RATHER A GROUP OF INDIVIDUALS….CLASS CHARACTERISTICS • EXAMPLES OF CLASS EVIDENCE A, B, O BLOOD TYPES • PROBABILITY IS ALSO A DETERMINING FACTOR IF WE COMPARE 2 SINGLE-LAYER AUTOMOBILE PAINT CHIPS …COMMON …COULD BE NARROWED DOWN TO A GROUP VERSUS 2 SEVEN-LAYER AUTOMOBILE PAINT CHIPS… LESS COMMON… MORE EASILY NARROWED DOWN TO A SMALLER GROUP … HAS A HIGHER PROBABILITY OF BELONGING TO THE SAME CAR CALCULATING PROBABILITY • EXAMPLE IS FROM THE TEXTBOOK PG. 91 • WHICH CASE MOST STRONGLY SUGGEST THE SUSPECT IS GUILTY ? EX : .32 X .43 X .05 = .00688 X 100 = .68 THE ANSWER IS CASE 3 …. .50 ASSESSING THE VALUE OF PHYSICAL EVIDENCE • IN ALL CASES, IT IS NOT POSSIBLE TO STATE WITH MATHEMATICAL EXACTNESS THE PROBABILITY THAT THE SPECIMENS ARE OF COMMON ORIGIN. • IT CAN ONLY BE CONCLUDED THAT THIS PROBABILITY IS SO HIGH AS TO DEFY MATHEMATICAL CALCULATIONS OR HUMAN COMPREHENSION. LIMITATIONS OF PHYSICAL EVIDENCE • ONE OF THE CURRENT WEAKNESSES OF FORENSIC SCIENCE IS THE INABILITY OF THE EXAMINER TO ASSIGN EXACT OR EVEN APPROXIMATE PROBABILITY VALUES TO THE COMPARISON OF MOST CLASS PHYSICAL EVIDENCE. • FOR EXAMPLE, WHAT IS THE PROBABILITY THAT A NYLON FIBER ORIGINATED FROM A PARTICULAR SWEATER, OR THAT A PAINT CHIP CAME FROM A SUSPECT CAR IN A HIT AND RUN? • MOST ITEMS OF PHYSICAL EVIDENCE RETRIEVED AT CRIME SCENES CANNOT BE LINKED DEFINITIVELY TO A SINGLE PERSON OR OBJECT. • THE VALUE OF CLASS PHYSICAL EVIDENCE LIES IN ITS ABILITY TO PROVIDE CORROBORATION OF EVENTS WITH DATA THAT ARE, AS NEARLY AS POSSIBLE, FREE OF HUMAN ERROR AND BIAS. LIMITATIONS, CONT’D • THE CHANCES ARE LOW OF ENCOUNTERING TWO INDISTINGUISHABLE ITEMS OF PHYSICAL EVIDENCE AT A CRIME SCENE THAT ACTUALLY ORIGINATED FROM DIFFERENT SOURCES. • WHEN ONE IS DEALING WITH MORE THAN ONE TYPE OF CLASS EVIDENCE, THEIR COLLECTIVE PRESENCE MAY LEAD TO AN EXTREMELY HIGH CERTAINTY THAT THEY ORIGINATED FROM THE SAME SOURCE. • FINALLY, THE CONTRIBUTION OF PHYSICAL EVIDENCE IS ULTIMATELY DETERMINED IN THE COURTROOM.