CRIME DETECTION AND INVESTIGATION
COLLEGE OF CRIMINAL JUSTICE
PRESENTED BY: GROUP 4
TABLE OF CONTENTS
CONTENT OF PHYSICAL EVIDENCE
CHAPTER 7
- LEARNING OBJECTIVE - CLASS CHARACTER
- TYPES OF EVIDENCE - PROBABILITY
- PURPOSE OF PHYSICAL EVIDENCE - RARITY
- MAIN SOURCES OF PHYSICAL EVIDENCE - THEORY OF TRANSFER
• THE CRIME SCENE - COMPARISONS
• THE VICTIM - PROCCESSING EVIDENCE
• THE SUSPECT - OBSERVANCE OF THE CHAIN OF CUSTODY
- CLASSIFICATIONS OF PHYSICAL EVIDENCE - GENERAL RULES OF EVIDENCE ADMISSIBILITY
- BASIC PRINCIPLES OF EVIDENCE - PROFESSIONAL WORKING RELATIONSHIP BETWEEN
- INDIVIDUALITY THE INVESTIGATOR AND THE FORENSIC TEAM
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A primary purpose of an investigation is to locate,
identify and preserve evidence. Evidence is valuable
because it has great potential to verify that a crime has
been committed, identify the person who did it, and
exonerate all other persons who may be under suspicion.
Rule 128 of the Rules of Court defines evidence as the
means of ascertaining in a judicial proceeding the truth
respecting a matter of fact. Evidence can be anything
that tends to prove or disprove an issue in question. It is
the means by which any alleged matter of fact is proved
or disproved.
01
TYPES OF EVIDENCE
Evidence is generally categorized into four types: Testimonial,
Documentary, Demonstrative, and Physical.
TYPES OF EVIDENCE
• Physical evidence - is any type of evidence that is real or has an objective existence. It has
dimension, size or shape; it can be seen, touched, smelled or tasted; it is solid, semisolid or liquid.
It can take almost any form and can be as minute as a microscopic fiber in a rape case or an odor of
a flammable liquid at the scene of a fire, or as large as an automobile involved in a hit and run
accident.
• Testimonial evidence - is information obtained through interviewing and interrogating
individuals about what they saw (eyewitness evidence), heard (hearsay evidence) or know
(character evidence). A testimony or confession can add considerable value to physical evidence
when presented in court. It can help in understanding motives or explaining those things found at
the crime scene. However, due to its subjective nature, it cannot stand alone and must be
supported by physical evidence or other corroborating evidence (Hess & Orthmann, 2010 and
Gardner, 2005).
Corpus delicti evidence simply establishes that a crime has been committed, while associative
evidence links a suspect with a crime (e.g. fingerprints, bloodstains, hairs and fibers), and probative
evidence proves guilt or innocence.
TYPES OF EVIDENCE
• Documentary evidence - consists of writings or any material containing
letters, words, numbers, figures, symbol or other modes of written
expressions offered as a proof of their contents.
• Demonstrative evidence - includes mockups and scale models of objects
or places related to the crime scene. This helps the court to visualize more
clearly what they are unable to view personally. It is used to demonstrate
or clarify an issue rather than to prove something (Hess & Orthmann,
2010).
Evidence can be classified in other ways. Direct or prima facie evidence
establishes proof of a fact without any other evidence, while indirect
evidence or circumstantial evidence merely tends to incriminate a person
without offering conclusive proof. Trace evidence are extremely small
items that can be considered direct evidence.
PURPOSE OF PHYSICAL EVIDENCE ANALYZE
Physical evidence serves the following purposes in criminal investigation:
• To prove that a crime has been committed, or establish key elements
of the crime
• To link a suspect with the victim or with the crime scene
• To establish the identity of persons associated with a crime
• To exonerate the innocent
• To corroborate victim's testimony
• To induce a suspect to make admissions, or even confess
• To identify property or contraband connected with a crime The
absence of evidence can also help provide proof.
It could also either support or weaken an eyewitness testimony.
LOOK
MAIN SOURCES OF PHYSICAL EVIDENCE
Aside from the crime scene, main sources of physical evidence include THE VICTIM and THE SUSPECT
THE CRIME SCENE
- The crime scene is usually the focus of the preliminary investigation and also the primary source of
physical evidence. However, it is also an area with the greatest potential for the destruction or
contamination of evidence. Crime scene specialists must be diligent to avoid accidental contamination
of the crime scene not only by themselves, but also by witnesses, police officers, investigators and
environmental conditions such as rain, sunlight, wind and other elements. All persons coming in
contact with the crime scene should be cautioned about crime scene contamination. Something as
innocent as walking through the crime scene, smoking, or picking up an item for closer examination
can produce contamination. Every crime scene should have a contamination sheet that lists the name,
date and time of each person's arrival and departure from the crime scene. This sheet can also be used
at a later time if the need for elimination prints should occur.
DNA FOOTSTEPS FINGERPRINT
MAIN SOURCES OF PHYSICAL
EVIDENCE
THE VICTIM
The victim of a crime is often a potential source of
physical evidence, particularly in the case of sex
crimes. Hairs, fibers and biological fluids are all
potential evidence and need to be collected following
established protocol. Time is of the essence and the
potential for contamination or destruction should be
a primary concern. Investigators must be familiar
with the proper methods of collecting and protecting
these items of evidence.
MAIN SOURCES OF PHYSICAL
EVIDENCE
THE SUSPECT
The suspect and his or her environment can be prime
sources of physical evidence. Just as the victim of a sexual
assault will most likely possess physical evidence, the
suspect is no different. Transfers of evidence readily occur
and must be sought out on both the suspect and his or her
environment, such as the suspect's vehicle or home. Again,
time is of the essence and the potential for destruction or
contamination is great. Investigators must always be on the
alert for potential sources of physical evidence, such as the
suspect's vehicle, clothing, shoes or even home furniture.
CLASSIFICATION OF
PHYSICAL EVIDENCE
1. (Biological body fluids) • Blood • Saliva
• Semen • Sweat • Urine • Vaginal discharge
2. (Explosive and incendiaries) • Arson debris (glass wood,
fabrics, foreign objects, suspected flammable substance)
• Explosive debris • Explosive substance and devises
3. (Fabrics) • Large Articles (mattress) • Small Articles (fabrics
on victims' mouth, feet or hands).
4. (Fingerprints) • On absorbent materials • On hard objects
• On skin • On other surfaces like firearms, glass, bottles,
plant leaves.
CLASSIFICATION OF
PHYSICAL EVIDENCE
5. (Firearms and Ammunition) • Gunshot residue • Small
firearms • Serial numbers • Shoulder weapons • Fired cartridge
cases • Fired paper shot shells • Shot wads • Shot pellets
6. (Food and drug specimen) • Liquids • Plant materials • Powder
or solids • Tablets & capsules
7. (Glass) • Large fragments • Small fragments
8. (Hair and fibers) • On individuals • On other surfaces
9. (Impressions) • Footprints • Tire prints • Tool marks • Bite
marks
10. (Liquids and viscous substance)
CLASSIFICATION OF
PHYSICAL EVIDENCE
11. (Metals) • Filings • Fragments (in form of bullet fragments,
grill work, headlight) • Large sections (frames, dies, etc. may be
embedded on the floors or walls)
12. (Paint) • Chips and smudges on little materials, on big or non-
movable materials, on cloth, wood, metal or glass. • Liquids
13. (Questioned documents) • Burned • Fluid or Blood Soak
14. (Soil) • Cake Mud • Dry Soil • Mud
15. (Miscellaneous evidence) • Cigarette butts, jewelry, matches,
spoon or fork, syringe, broken fingernails, magnetic tape,
recording or writing instruments, tapes that can link a person to a
crime scene, etc.
BASIC PRINCIPLE OF EVIDENCE
The value of physical evidence is determined by how useful it
is in verifying that an infraction has been committed,
identifying the person or persons who did it, and exonerating
all other persons who may be under suspicion. In addition,
physical evidence helps reconstruct the events of an
infraction and their sequence. Several important concepts in
regard to the quality and usefulness of physical evidence in
establishing identity should be considered. These concepts
include individuality, class characteristics, probability, rarity,
theory of transfer and comparisons.
INDIVIDUALITY
Individuality is what makes one thing different from all others similar to it. An
individual has thousands of characteristics that are common in other people.
However, every human being has many physical characteristics, such as
fingerprints, ear prints, handwriting and DNA that make him or her unique. If
there are enough common characteristics identifiable, or if there are known
unique characteristics, the practical identity of a person may be established.
The same can be said of the identification of objects. Evidence can be
positively identified as having come from a specific source or person if
sufficient identifying characteristics or sufficient microscopic or accidental
markings are present. Examples are fingerprints, handwriting, bullets,
toolmarks, shoe prints, pieces of glass where the broken edges can be
matched and wood where broken or cut edges can be matched.
CLASS CHARACTERISTICS EVIDENCE
It can only be identified by placing it into a particular class, regardless of the amount or
thoroughness of examination, is known as evidence with only class characteristics. A
definite identification as to its source can never be made, since there is a possibility of
more than one source for this evidence. Examples of evidence with only class
characteristics include blood, hairs, fibers, shoeprints, tool marks or bullets in instances
where the microscopic or accidental markings are insufficient for positive identification.
In cases involving evidence with class characteristics, the following are desirable:
• A preponderance of class characteristics within a single item of evidence, such as paint
with many layers all matching or soil with foreign matter such as paint chips .
• Elimination specimens, such as soil from where a suspect claims he or she was or
where he or she claims a car was, or other materials from a source mentioned in an alibi.
PROBABILITY
The probability that a combination of independent events will occur
is the product of individual probabilities. Thus, the probability of
association with a particular situation may be very high when a
number of separate factors are found to correspond. The presence of
matching fibers, hairs, blood, shoe prints or tool marks may indicate
an extremely high probability of involvement, even though none of
these factors is in itself conclusive. The importance of mathematical
probability to the quality of physical evidence is readily apparent
when we consider the use of fingerprints to establish positive
identification of a suspect.
RARITY
Sharpening one’s perception of the rarity of time,
place and circumstances associated with physical
evidence found in or near the crime scene is a
developed skill. The determination of whether or not
an object or item should be collected as evidence will
frequently rest on the following circumstances: it
seems out of place; it is unusual for the item to be in
a certain place; or the condition of the item or object
indicates unusual change. These types of evaluation
are conducted by an investigator on a routine basis
and become more keen with the passage of time and
experience.
THEORY OF TRANSFER
Locard's principle summarizes that when two objects
come into contact, there will frequently be a transfer of
small amounts of material from one to the other. Thus,
when suspects come in contact with the victim and
objects at the crime scene, they frequently leave
behind traces of themselves and take with them traces
of any objects touched. This also applies to police
officers and investigators. Materials transferred in this
way are normally referred to as trace evidence. The
term trace evidence is usually very loosely defined;
however, it most often is applied to minute or
microscopic bits of materials that are not immediately
apparent to even a trained investigator.
COMPARISONS
The most definite point of comparison between
objects is an obvious physical match. For example, the
bit of a screwdriver and the shank from which it was
broken, or a splinter of wood and the part from which
it split could be obvious physical matches. The lesson
to be seen in these comparisons is that any item that
suggests a rip, tear or breakage should spark a
thorough search for its counterpart or for the object
that was used to inflict the damage. By matching the
two pieces, the crime scene specialist is able to probe
a connection between not only the items, but
frequently the suspect and the crime scene, or the
suspect and the victim of the crime.
PROCESSING EVIDENCE
Evidence must be properly and legally processed to be of
value to a criminal investigation. Processing evidence
correctly includes the following (Hess & Orthmann,
2010).
1. Discovering or recognizing evidence
2. Collecting, recording and identifying evidence
3. Packaging, conveying and storing evidence
4. Examining evidence
5. Exhibiting evidence in court
6. Disposing of evidence when the case is closed.
PROCESSING EVIDENCE
The importance of physical evidence depends on its
ability to establish that a crime was committed and to
show how, when and by whom. For example, fingerprints
and DNA have higher probability than blood type to
provide positive identification of a suspect.
Forensic light sources such as ultraviolet (UV)
fluorescence, infrared luminescence or laser light can
also make evidence visible. Examples are latent prints,
body fluids or altered signatures which are not
detectable to the naked eye but can be made visible by
forensic light sources.
Legal requirements make it necessary to account for all physical
pieces of evidence from the time it is collected until it is presented
in court. With these in mind, the following principles should be
observed in handling all types of evidence:
• As much as possible, the evidence should reach the laboratory in
the same condition as when it was found.
• The quantity of specimen should be adequate. Even with the
best equipment available, good results cannot be obtained from
insufficient specimens.
• Submit a known or standard specimen for comparison purposes.
• Keep each specimen separate from others so that there will be
no intermingling or mixing of known and unknown material. Wrap
and seal in individual packages when necessary.
• Mark or label each of the evidence for positive
identification as the evidence taken from a particular
location in connection with the crime under
investigation.
• The chain of custody of evidence must be
maintained. Account for evidence from the time it is
collected until it is produced in court. Any break in this
chain of custody may make the material inadmissible
as evidence in court.
OBSERVANCE OF THE CHAIN OF CUSTODY
A list of all persons who came into possession of an item of
evidence, continuity of possession, or the chain of custody, must
be established whenever evidence is presented in court as an
exhibit. Adherence to standard procedures in recording the
location of evidence, marking it for identification, and properly
completing evidence submission forms for laboratory analysis is
critical to chain of custody. Every person who handled or
examined the evidence and where it is at all times must be
accounted for. As a rule, all seized evidence must be in the
custody of the evidence custodian and deposited in the evidence
room or designated place for safe keeping and will be taken out
only from evidence room for court presentation on the basis of a
court order. In other words, the chain of custody of an item is a
detailed history of everything that took place concerning a
particular piece of evidence.
GENERAL RULES OF EVIDENCE ADMISSIBILITY
Evidence to be admissible in our system should be relevant to the issue
and not excluded by the law or the rules on evidence. As a general rule in
almost every country, criminal prosecutions often depend upon the
conduct of the criminal investigator at the scene of the offense. Evidence
must be obtained in a way that will be admissible in court. Basic
knowledge of the rules governing admission and rejection of evidence is
fundamental to the investigator. The court must have ample information
concerning any physical evidence collected, to include where it was
discovered, how it was collected, how it was preserved and how it relates
to the case at hand. The primary purpose of these rules, from an
exclusionary viewpoint, is to ensure a fair and impartial trial for the
accused. Generally, the decision of a court cannot be upheld if it is based
upon insufficient or incompetent evidence. Generally, in order for
evidence to be admissible in a court of law, strict accountability must be
established to show where, when and how an item of evidence was
collected. In addition, sufficient testimony must be presented to establish
the chain of custody.
PROFESSIONAL WORKING RELATIONSHIP BETWEEN THE
INVESTIGATOR AND THE FORENSIC TEAM
The investigator and scene of crime operation team of experts share the same objective,
which is the collection of evidence to help solve a crime and prove the involvement of the
suspect. Although they have their own particular roles, they both work toward the common
goal of bringing the offender to justice. They should have a close working relationship that
allows them to freely share ideas, theories and thoughts concerning the collection of
evidence. Neither should feel that they are the primary source of ideas or theories about the
presence or value of potential evidence. Both in their own right usually bring a tremendous
amount of experience and expertise to the table. It is this combined experience and
expertise that should produce a synergy for success in criminal investigation. Crime
laboratory personnel are subject matter experts in their areas of expertise and provide
expert testimony regarding the analyses they conducted, as well as their interpretation of
such analyses. Their court testimony can often have a significant impact in court, particularly
when the case is based primarily on circumstantial evidence.
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THOUSAND WORDS
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