* Unit 1 *4 elements of physical evidence: *1) Recognition *2) Classification *3) Individualization *4) Reconstruction *First step is recognizing physical objects as evidence or potential evidence (called recognition) *Experienced criminalists are trained to recognize objects as evidence * *All evidence must be classified *Classification is the process of putting objects into groups with similar objects *Can be confusing because classification can mean individualization in some aspects (like fingerprints), or it can mean identification (like recognizing a small speck as a paint chip) in other situations. * *Individualization *Sometimes individualization refers to: *1) in some way, the characteristics of something make it unique or one of a kind among its class members *2) an object, when compared to a known item, has the same origin * is narrowing down the object from a class of objects until only 1 item remains in its class. *Sometimes “partial individualization” refers to a case where the object is narrowed down, but not to a case of exclusivity. It cannot be determined if it is from the the source, nor can it be ruled out. * Exemplar- a known specimen * Evidentiary- a specimen that is found at the scene, compared to an exemplar * * Exclusion-opposite of comparison, if at any point there are differing characteristics between the evidentiary and exemplar samples…it is an absolute that they are not from a common origin * Problems with individualization: * 1) There are not common standards for how many characteristics must match before it is concluded that it certainly came from a particular source. * Example: one investigator may look at 6 hair samples and another may look at 12 hair samples to conclude that they are from the same source. * What can be individualized? * Fingerprint evidence * DNA evidence/Blood evidence * Toolmark impressions * It can be useful; * Use of physical evidence analysis to produce a theory of the nature and sequence of events that must have created the evidence * however, it is almost entirely speculative in nature. * In addition, there is no way to prove any of it conclusively. * https://www.youtube. com/watch?v=YGaQd4u8dc * 1) Change induced at the scene, depositing something at the scene or changing something already there * 2) Imprints or indentations, such as footprints * Imprint- object comes in contact with a flat, hard surface to make a 2 dimensional representation of itself. * Indentation- object is impressed into a soft, receiving surface (sand, snow, mud) creating a 3-D mark * 3) Striations- hard surface is marked by another object in motion along its surface * * 4) Damage- damage to physical evidence can produce unique 2D or 3D surfaces that can be used in individualization * 5) Exchange of material on contact- called Locard Exchange principle * “When two objects come into contact, there in an exchange of material across the contact boundary.” * * 6) Deposits- can be made of large quantities of materials like blood or paint that land in a particular pattern, or even dust, that leaves a void of what was once there *1) Formulate a working hypothesis to determine which physical evidence is necessary to reconstructing the event. * The evidence may support the hypothesis or cause a reevaluation of the hypothesis if evidence points to a contrary scenario. * *2) Evidence is collected that is deemed important to the event or patterns noted at the event. *Remember, evidence of exclusion is also very important in finding a suspect. * 1) Provide Investigative leads to develop MO (modus operandi), or the perpetrator’s method of operation. Databases also help provide leads: AFIS (fingerprints), CODIS (DNA) and NIBIN (ballistics) * AFIS makes fingerprints extremely useful. * Before AFIS, a person would have to compare a suspect fingerprints with cards of 10 fingerprints. * Due to time and energy constraints, fingerprints weren’t that useful until the database was developed. * * Can you think of any other benefits to using databases to search for fingerprint and DNA matches? Explain. * 2) Establish linkages or exclusions * Linking physical evidence with a victim, perpetrator and scene provide compelling evidence. * Multiple linkages can strengthen several weaker links. * * For example: a bakery is robbed and a suspect is stopped a few blocks away. He claims he was never near the place, but white powder was found on his clothes and was determined to be flour. Since flour was all over surfaces in the bakery a linkage is present. * A) A suspect in a burglary has ceiling insulation on his clothes and it was reported the robber broke in through the attic and ceiling. * B) It is determined that a hammer was used to murder a person. A partial fingerprint is found on the handle of the hammer. * * C) A woman enters an ER and claims she was raped. During the rape kit, they found semen in her vaginal tract and the DNA indicates that someone who lives her in building is a match. * 3) Physical evidence may corroborate statements or testimonies from witnesses or victims. * Sometimes evidence can be useful even if it has no ability to prove who committed a crime. Sometimes evidence just enhances credibility. * * 4) Identification of Persons , Substances or Materials * Dental records, blood droplets, fingerprints can aid in identification of a victim * Substances must be tested by trained scientists to prove that they are a controlled substance * Often times forensic testing must be done to confirm that a crime has been committed. * Examples: powdered substances collected are indeed controlled substance, fire debris contains flammable liquid residue * * All evidence is used to determine corpus delicti, which refers to elements of a crime. * Prosecutors must prove the elements of a crime “beyond a reasonable doubt.” * EVERY SCENE IS DIFFERENT! Each scene must be approached a little differently. Considerations must be made for location, weather conditions, the equipment and personnel available and what type of case it is. * * First and foremost is an understanding of search and seizure laws, which vary from state to state. * It is important that the processor knows the law…if evidence is collected and violates these laws, it is inadmissable in court. * The duty of first-responders is to “render aid and assistance” if applicable. * If the suspect/perpetrator is still on the scene then the scene must be secured. * Any injured persons may need to receive assistance from EMS. * * As soon as an emergency situation is alleviated, the scene must be secured and a perimeter must be set up. Depending on where the scene is might help to determine the perimeter. * The purpose of the perimeter is to keep unnecessary people away from potential physical evidence, even extraneous police. * Police on the scene also obtain elimination fingerprints and buccal swabs of anyone who enters the scene. * Crime scene investigators have this data on file already. * * First responders also get the names and contact information from any witnesses. * Notes are taken about relevant information in the area…cars parked nearby, etc. * Step 1- Scene Survey and evidence recognition * A “working hypothesis” is developed as to what probably happened. * The scene is surveyed to identify potential evidence based on the working hypothesis. * The working theory should be amended if evidence is found that indicates a different scenario played out at the scene. * The theory is usually further refined as experiments are done to replicate some types of evidence. * * 2) Conduct a scene search * 4 methods: * 1) Zone or quadrant search- may be best for large or outdoor areas * 2) Strip search- can be used anywhere, but is especially effective in areas where there is limited visibility (thick/shag carpet, tall grass, etc.) * 3) Contracting or expanding spiral- works best if only one investigator is at the scene * 4) Double grid search * * 3) Documentation * Notes, sketches, photographs and video are all important aspects of documenting the scene. * Video cannot replace all other methods of documentation! * Notes- MUST include things that cannot be documented or collected at the scene, but even things that will be documented or collected should be in the notes * * Notes of first responders are important because they are closest to how the scene was originally… * Was door unlocked or locked? Were there windows open? * Even little details might be important later. * Logs to keep: * 1) security- who entered and exited the scene and when * 2) photo – record of photos taken * 3) evidence- what was collected * A scene checklist is also helpful to ensure all major tasks are completed before the scene is released. * Show exact location of buildings, permanent fixtures, evidence, victim, etc. This is necessary because photographs and video distort distances caused by photographer/videographer perspective. * 2 types: * Rough (preliminary)- done at the scene, includes measurements * Smooth (finished)- done to scale, which is indicated on the sketch * Cross projection sketches are drawn based on the room as a box that opens, so ceiling and wall info is also included. * North is always indicated on any drawing. * * * Technical aspects * Virtually all photography now is done with digital cameras. * Lighting, sharpness and exposure are the key technical elements in taking good photographs. * Flash is usually best, except in situations where you are photographing 3D impressions or toolmarks. A slight amount of side lighting provides shadow necessary for detail. * * Forensic aspects * 1) Knowing what is important to photograph. * 2) General guidelines * Overall scene and subscenes from bigger to smaller. (entrances and exits, room of scene) * Evidence should be photographed in original location before being collected. Then, markers or number plates may be placed next to the evidence as well. * Be sure to take photos of patterns that cannot be collected. Tire marks, footprints should be taken parallel to the plane. * A ruler should be placed next to evidence to give scale. * * Useful as another way to document the scene, while capturing the audible notes of CSI’s at the scene. * Valuable for those not at the scene, other scientists or police. * Provides a back-up form of documentation. * Can also be set up stationary to be used as a security log. * Overall, mid-range and close-up documentation rule also applies to videography as well as photography. * * Generally, there is a duty to preserve evidence and documentation for a long time. * It may be years before the case comes to trial and all of the appeals are dealt with. Most states require evidence to be preserved at least that long. * * 4) Evidence collection and preservation * Bodies and their personal effects are the responsibility of the medical examiner or coroner. * Detectives may attend autopsies to determine time or manner of death (we will discuss later). * Medical examiners turn over physical evidence from the body to the forensic science lab. * * The rule is to take evidentiary objects intact whenever possible. * If the object cannot be moved (floor, walls), a sample must be removed from the item on which it is located (substratam). * Evidence collection techniques for trace evidence include: * Use of forceps * Tape lifting * Shaking * Scraping * * Evidence is numbered. The numbering method can be decided upon by the department as long as its consistent. * The evidence must be labeled with this number and it is also placed on the evidence log, along with a brief description of the item. * It is better to use adjectives that do not impart identity or value if the collector is not sure of the identity of the object. * Example: “yellow metal ring” instead of gold ring; “red brown stain” instead of bloodstain * * Items should be placed in a container proportional to the size of the evidence. * For powdered items, or specks of evidence, a druggist fold is used to contain the evidence in a small piece of rectangular paper. * To complete a druggist fold: * 1) fold the paper almost in half, a ½ inch difference. 2) fold the top over the shorter edge.3) repeat this step but angle the fold. 4) fold the shorter edge in. 5) after the evidence is placed in, fold the other end and tuck the smaller end into the larger end. * * Plastic , ziptop bags are suitable for many types of evidence EXCEPT evidence that is wet or soaked with biological fluids. * Wet or blood soaked evidence must be collected in a paper evidence bag to prevent mold growth or other degradation of evidence. * Fire evidence must be in an airtight container to trap any volatile liquids. * Evidence is sealed at the scene with tamperproof tape and signed or initialed across the tape by the collector. * * It is important that the chain of custody be maintained. * This is the reason that there is an evidence log. * When evidence is processed at the lab, the evidence is packaged in a new container and sealed and initialed by the lab tech. * * Investigators collect controls at the scene whenever possible. 4 types: * 1) Known (exemplar, reference)- known could be buccal swab for DNA, known fibers from a carpet, known paint sample, etc. * 2) Alibi control- known but from a different source, like from the place where the suspect says he was…soil, paint, etc. * 3) Blank control- specimen known to be free of the item being tested, negative controls… * 4) Substratum comparison- the underlying material or surface on which the evidence has been found * * To effectively conduct a reconstruction, all the lab reports concerning evidence must be completed and the medical examiner’s report submitted (if relevant). * A reconstruction is a “best theory”…note the use of the term theory. Remember, theories have basis of experimentation or evidence. They are NOT hypotheses! * Many times experiments are conducted in the lab to replicate evidence collected at the scene. Example: blood stain patterns, distance determinations for gunshot residue. * Reenactments may be done by computer programs or with actors and video cameras BUT are entirely speculative! Just because the evidence may support the reenactment DOES NOT mean it happened that way or in the sequence presented! * * As the availability of computers, cell phones and other devices have increased, so have the ability to use these devices as evidence in crime in many cases, * The field of forensic computer science is increasing. Some information is easily attained from technological devices, but some information may more difficult to find unless the investigator has been trained in certain aspects of computer science. *