Types of Evidence 2 1 Objectives You will understand: the value of direct and indirect evidence in a court of law that eyewitness accounts have limitations what physical evidence can and cannot prove in court that the forensic scientist’s main goal is to find a unique source for the evidence 2 Evidence There are two basic types of evidence: testimonial and physical testimonial evidence is a statement made under oath also called “direct” evidence or “prima facie” evidence 3 Evidence physical evidence is any object or material relevant in a crime also called “real” evidence 4 Testimonial or Direct Evidence eyewitness accounts are an example here problems here? you tell me... 5 action hero You and your table buddy list as many problems as you can regarding eyewitness accounts What could make them be inaccurate? 6 problems with eyewitness testimony crime scene too dark age of witness encounter too brief mental state of witness stress factors leading questioning techniques errors in memory relationship b/t witness and accused time between crime and questioning et cetera... new info clouds memory 7 8 Case Study 2.2: Ronald Cotton (no “case study,” but will be on quiz) 9 Physical Evidence This is what we are most interested in. We look for physical and chemical properties in the physical evidence physical properties: color, density, solubility, refractive index things that help ID something without changing the object 10 Physical Evidence chemical properties: formation of bubbles, color change, pH change... things that help ID something and change that thing 11 12 ALERT! The next slides have many types of evidence the evidence you are looking at may be in more than one category! all is well!!! :) (most = low priority) 13 Low some evidence is fleeting, or transient odor—putrefaction, perfume, gasoline, urine, burning, explosives, cigarette or cigar smoke temperature—surroundings, car hood, coffee, water in a bathtub, cadaver imprints and indentations— footprints, teeth marks in perishable foods, tire marks on certain surfaces 14 Low pattern evidence is produced by direct contact between a person and an object or between two objects. mostly in the form of imprints, indentations, striations, markings, fractures, or deposits Blood spatter Glass fracture Fire burn pattern Furniture position Projectile trajectory Tire marks or skid marks Clothing or article distribution Gunpowder residue Material damage Body position Toolmarks 15 Low conditional evidence is something at the scene that had better be recorded right away Light—headlight, lighting conditions, lights on or off Smoke—color, direction of travel, density, odor Fire—color and direction of the flames, speed of spread, temperature and condition of fire Location—of injuries or wounds, of bloodstains, of the victim’s vehicle, of weapons or cartridge cases, of broken glass 16 Low conditional evidence is something at the scene that had better be recorded right away Vehicles—doors locked or unlocked, windows opened or closed, radio off or on, odometer mileage Body—position and types of wounds; rigor, livor, and algor mortis Scene—condition of furniture, doors and windows, any disturbance or signs of a struggle 17 Low transfer evidence is produced by contact between person(s) and object(s), or between person(s) and person(s). associative evidence is something that may associate a victim or suspect with a scene or with each other; e.g., personal belongings. 18 classification of evidence by its nature Biological—blood, semen, saliva, sweat, tears, hair, bone, tissues, urine, feces, animal material, insects, bacteria, fungi, botanical material Chemical—fibers, glass, soil, gunpowder, metals, minerals, narcotics, drugs, paper, ink, cosmetics, paint, plastic, lubricants, fertilizer 19 classification of evidence by its nature Physical—fingerprints, footprints, shoeprints, handwriting, firearms, tire marks, toolmarks, typewriting Miscellaneous—laundry marks, voice analysis, polygraph, photography, stress evaluation, psycholinguistic analysis, vehicle identification 20 indirect evidence or circumstantial evidence, does not prove a fact, but something may be inferred from it difference? Testimony that the witness saw the defendant shoot the victim gives direct evidence. A forensic scientist who testifies that ballistics proves the defendant’s firearm killed the victim gives circumstantial evidence, from which the defendant’s guilt may be inferred. Similarly, a witness who testifies that she watched the defendant stab the victim gives direct evidence. A witness who says that she saw the defendant enter a house, that she heard screaming, and that she saw the defendant leave with a bloody knife gives circumstantial evidence. 21 why physical evidence is so important can prove that a crime took place (e.g. incendiary device at a fire scene) can support or refute witness testimony (e.g. is that bloodstain really from the witness?) can link a suspect to the crime scene (e.g. broken glass on suspect’s clothing) can ID someone associated with crime (e.g. DNA) can help investigators recreate crime scene (e.g. blood splatter) 22 Your main role as forensic scientist? See if there is a link between evidence, victim, crime scene, and suspect. 23 quick quiz 1. T/F Eyewitness testimony is considerably more reliable than physical evidence. 2. What kind of evidence (physical or chemical) can be used without changing the evidence itself? 3. Odor, temperature, imprints, indentations are all what special type of evidence (here now, gone in a few minutes) 4. There are four classes of evidence classified by their nature. What are the four types? 24 another role is to reconstruct a crime scene you may have to use the physical evidence to show: what happened how the victim was killed how many people were involved when it happened combined with witness accounts, the crime may be reconstructed watch how many times this year that the detectives, prosecution, and defense will reconstruct what they think happened based on the evidence! 25 often there is a questioned or unknown sample (Q) to be compared to with a known sample (K) e.g. Did the paint on the suspect’s bumper (Q) match the victim’s bike (K)? the control samples play a huge role in making a conclusion e.g. If Q and K and dozens of other paints (controls) are heated to a certain temperature and Q and K change color but all the controls do not, Q might be the same as K 26 HIGH individual vs class evidence two types of physical evidence: individual or class individual evidence is nailed to a single source DNA, fingerprints, broken glass pieces that match perfectly class evidence has characteristics of a group of items a red shirt, a footprint of a particular size individual can ID an individual, class can narrow to a group but not individual 27 These fibers are class evidence; there is no way to determine if they came from this garment. They may be “consistent with” the fabric, but could be from another piece. The large piece of glass fits exactly to the bottle; it is individual evidence. 28 Activity 2.2 Can the following evidence be individualized? Number 1-12 and write for each class or individual (Warning: There may be some “...unless, …” exceptions) 29 cloth is class; BUT if tear marks match exactly it can be individualized 30 class; unless it was one of a kind linked to a specific owner by e.g. serial number 31 individual if the pieces can be matched, otherwise class 32 class 33 individual if the blood (DNA) or fingerprints can be linked to culprit 34 class, unless there are imperfections that can be linked to a specific tire 35 bullets can be individualized by striations, the casings can be individualized by firing pin marks (more on that later) 36 class; no 37 class 38 class; unless you can get the DNA off of it 39 class, unless you can match it to tear patterns from a suspected matchbook 40 if you do enough analysis of the soil you MIGHT be able to individualize 41 HIGH p 43 42 HIGH white shirt ➡ 0.21 = 21% white shirt and blue jeans ➡ 0.21 x 0.36 = 7.6% white shirt & blue jeans & light brown hair ➡ 0.21 x 0.36 x 0.15 = 1.1% white shirt & blue jeans & light brown hair & dark-colored athletic shoes ➡ 0.21 x 0.36 x 0.15 x 0.12 = 0.13% Therefore one can assume that of all 1600 students at the school, 0.13% of those 1600 are likely to be wearing all that... That is only about… 2 students. Lesson learned? The more circumstantial evidence you can collect the more you can narrow down the list of suspects. 43 Forensic Investigations, then,... ...include some or all of these seven major activities: 1. Recognition—the ability to distinguish important evidence from unrelated material Pattern recognition Physical property observation Information analysis Field testing 44 2. Preservation through the collection and proper packaging of evidence 3. Identification using scientific testing Physical properties Chemical properties Morphological (structural) properties Biological properties Immunological properties 45 4. Comparison of class characteristics measured against those of known standards or controls; if all measurements are equal, then the two samples may be considered to have come from the same source or origin 5. Individualization in demonstrating that the sample is unique, even among members of the same class 46 6. Interpretation—giving meaning to all the information 7. Reconstruction of the events in the case Inductive and deductive logic Statistical data Pattern analysis Results of laboratory analysis 47 quick quiz 1. What is the difference between K and Q in speaking of samples? 2. What kind of evidence can be used to nail an individual? 3. What kind of evidence at best can narrow it down to a group but not an individual? 4. T/F Since class evidence is the weaker of the two, it is rarely used to prove anything. 5. Name all 7 of the Big Responsibilities of a forensic scientist. 48 all except: 9 & 10 49 Case Study FF18 The Disappearance of Helle Crafts 50