Forensic Science is the application of science to the law. In recent years the use of forensic science has become increasingly necessary to help with criminal and civil investigations. Although forensic evidence is admissible in court one must keep in mind how that evidence made its way to the court system. I will take you through the process. For there to be admissible evidence for a court case there must be physical evidence which would have been collected at a crime scene therefore there must have been some kind of crime committed. A crime with physical evidence doesn’t necessarily mean something violent but it can be. Theft, arson, car accident and murder are just a few examples of what a crime can be.
The process begins when the crime has been committed, to the officers arriving on the scene, to surveying the scene, collecting the evidence, submitting it to the lab, submitting it as evidence and finally the acceptance of the evidence.
When a call is sent out regarding a possible crime and the first officer arrives on scene it is that officer’s obligation to do a few things as precise as possible:
1. seek medical attention for those who may need it,
2. arrest or detain any perpetrators, and
3. secure the crime scene.
Securing the crime scene is extremely important because you want to be able to retrieve as much evidence as possible. By securing the crime scene you are blocking off the area from unauthorized personnel. You want to keep the foot traffic to a minimum to prevent tampering and contamination to the scene. Determining how large a crime scene should extend depends on where the crime was committed. If it took place inside of a building or structure you definitely want to secure the entire floor the crime was committed on and possibly all the paths leading to entry and exit ways. If it is outdoors the crime scene can extend from the immediate area to the nearest roadways.
Once the scene is secure it is vital a skilled investigator comes in to access the crime scene. In New York State it is detectives that record the crime scene and in other states Crime Scene Technicians are used. It is imperative they arrive immediately because they must record the crime scene in an unaltered state, so the sooner the better. When recording the scene photos must be taken, sketches must be drafted, and notes of everything must be taken. These three steps are important because they recreate the scene of the crime for future use, whether it be to help the detectives figure out information about the crime or for a jury during trial, they must be clear and concise.
With photos, enough images should be captured to recreate the actual scene as a whole giving an outside person a complete view of the scene. Photos should also be taken not only of the general area but also the specific objects pertaining to the case, if it’s a homicide the body and any possible weapons, any blood platters or patterns, and anything that is important. If a crowd is present photos of the crowd should be taken as well, this may be useful in the future if you ever need to place someone at the scene they may be in that crowd. There is no limit to what can been seen as evidence in a case so it is important to capture everything possible. Sketches and notes coincide with each other and it is important to be as accurate as possible since these sketches and notes will be transferred on to specialized software that will allow a more accurate and clear sketch. This final sketch will contain everything on a size scale and it will also be labeled appropriately to ensure complete comprehension on what each item is and where it is placed.
Once the photos have been taken it is then and only then that the physical evidence can be collected. Why, because the crime scene must be photographed in an unaltered state. By collecting the evidence last it is more likely the scene hasn’t been altered. The collection of the evidence is of the utmost importance because improper handling can destroy the evidence and prevent it from being admissible in court. Physical evidence can be anything there is no limit to what can be considered physical evidence and there is also no limit to the amount of physical evidence that can be collected. The collector should never take for granted the use of any object for evidence.
The collection of physical evidence should be concise and systematic. It should be conducted systematically to avoid missing anything of importance and concise because evidence needs to be delicately gathered, not tampered with, and be unaltered. With each piece of evidence that is collected certain guidelines that must be followed:
1. The evidence should be handled with the proper tools (ex. gloves, tweezers),
2. It should also be put into proper packaging that will preserve the quality of the evidence (ex. box, vial, bag, etc.), and
3. each package should be labeled appropriately by the collector (initials, date, and location the evidence was collected from).
As I have previously stated the handling of the evidence is what can make or break a case so it is imperative the evidence not come in contact with one another because that is considered cross contamination which makes the evidence useless. By labeling the evidence the chain of command is being initiated and this is extremely important for court admissibility purposes. Being able to clearly see what processes the evidence has gone through and by whom brings clarity. And depending on the type of evidence it can ensure the proper storage and safety. Once all evidence has been gathered it is then that it’s taken to the lab to be analyzed. The collector must submit an evidence form to the lab tech which briefs them on the case and list the items submitted. The evidence should help connect the scene and/or victim to the perpetrator. Once it has been processed in the lab the admissibility will be determined. In many states in order for the evidence to be admissible it must pass the Frye test, which is a general acceptance test for scientific evidence, and the Daubert standard for expert witnesses. Once the evidence has gone through the appropriate channels it is then and only then it can be used as evidence. Now just because one may feel it is evidence it is ultimately the judge that decides if a piece of evidence is admissible. If an attorney feels that piece of evidence shouldn’t be admissible they can and will argue why they feel this way and as I previously stated the judge will be the deciding factor. Forensic evidence is the make or break in many criminal and civil cases. So it is absolutely important that it is handled and treated in the most appropriate matter. The slightest imperfection when handling forensic evidence can ruin a case. However handling the evidence properly can bring success to a case. Work Cited
1. "Crime Scene Response". August 24, 2009 .
2. "Evidence Collection". August 24, 2009 .
3. Jones, Patrick, and Ralph Williams. Crime Scene Processing and Laboratory Workbook. CRC Press, 2009.
4. Saferstein, Richard. "The Crime Scene". Criminalistics: An Introduction To Forensic Science 9th edition. Saddle River: Prentice Hall, 2007
5. Saferstein, Richard. "Physical Evidence". Criminalistics: An Introduction To Forensic Science 9th edition. Saddle River: Prentice Hall, 2007.