Evidence can be collected due to its relationship to a A. Suspect B. Victim C. Witness D. All of...

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CHAPTER 3

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Evidence can be collected due to its relationship to a

A. Suspect B. Victim C. Witness D. All of the above

Question of the Day NOV 30

OBJECTIVE: Examine physical evidence and its uses in a court of law.

1. Question of the Day 2. Chapter 2 TESTS

If you need to take the test, do so now. 3. Introduce Chapter 3: Physical Evidence 4. Homework and Review

AGENDA NOV 30

PHYSICAL EVIDENCECHAPTER 3

Statute of Limitations Laws that set time limits on how long you

have to file a "civil" lawsuit, like a personal injury lawsuit, or how long the state has to prosecute someone for committing a crime.

Time limits usually depend on the legal claim or crime involved in the case. Vary from state to state

Statute of Limitations Vary in Civil or Criminal Cases

CIVILAssault/Battery 2 YEARS

False Imprisonment 2 YEARS

Personal Injury 2 Years

CRIMINAL Assault 1 or 5 Years Rape NO TIME LIMIT Manslaughter/ Murder

NO TIME LIMIT Kidnapping 5 years

Statute of Limitations for Sexual Offenses in New Jersey

Time does not start to run until the State is in possession of both the physical evidence and the DNA or fingerprint evidence necessary to establish the identification of the actor by means of comparison to the physical evidence.

What does this statement mean?

Identifying Evidence Every crime scene needs to be treated on an

individual basis.

Certain types of evidence are likely to yield significant results in ascertaining the nature and circumstances of a crime.

Responsibility of the investigator to be familiar with Recognition, collection, and analysis of items Laboratory procedures and capabilities

Physical Evidence Evidence can be overlooked. Collected evidence can be left on the

evidence room shelf. Never examined or processed.

Regulations apply to the admissibility of evidence. Generally begins at time/date a crime has

been reported Official police inquiry/investigation

Physical Evidence Any objects that

can establish a crime has been committed.

Evidence can provide a link between a crime, the victim, and the perpetrator.

DO NOW DEC 1 Biological evidence was collected from a crime

scene. It places the suspect at the scene of the crime where a murder had taken place. Under cross examination, the forensic specialist who had collected the sample admits that he may not have followed the correct procedures to collect the evidence. The crime lab technician testifies under oath that the results of analytical testing of the evidence is 100% accurate.

Predict the outcome of the trial. Justify your answer.

DO NOW ANSWERED Dec 1 The evidence will be removed from the trial

as per a judge’s ruling. The jury will be instructed to disregard this

evidence.

Provide an example of the technician not following the proper procedures when collecting evidence.

Think like the DEFENSE!

What other problems might this create for the prosecution?

Question of the Day DEC 1 Contamination and destruction of

evidence can occur due to A. the mishandling of a body by law

enforcement personnel B. leaving a body exposed to

environmental conditions C. failure to perform a thorough autopsy D. improper labeling of evidence bags

OBJECTIVE: Explain the value in the proper collection, processing, and examination of evidence as used in a court of law.

1. Chapter 2 TESTS 2. Types of Physical Evidence 3. Case Study 4. Review and Homework

CASE STUDY QUESTIONS Project Deadline 1

AGENDA DEC 1

Physical Evidence Explosives – any device containing an

explosive charge Includes any object at or removed from the scene

of an explosion Suspected to contain residue from an explosion or

use as a detonation device Fibers – any natural or synthetic fiber whose

transfer may be useful in establishing a relationship between object or persons Cotton, silk, nylon, spandex, kevlar, as well as glass

and metallic fibers Fingerprints – all prints of this nature both

visible and latent

Physical Evidence Firearms and Ammunition – any firearm as well

as discharged or intact ammunition suspected of being involved in a criminal offense Spent casings and recovered bullets or “slugs”

Glass – any particle or fragment that may have been transferred to a person or object involved in a crime. Includes windows/panes of glass containing holes

made by bullets or other projectiles Hair – any animal or human hair present that

can link a person to a crime

Common Types of Physical Evidence

Blood, semen, and saliva – can be dried or in a liquid state, human or animal. Subjected to biochemical and serological analysis

to determine identity and possible origin

Documents – any handwriting or typewriting submitted to confirm the authenticity or source Paper, ink, processed

Drugs – any substance seized in violation of laws regulating the sale, distribution, manufacture, and use of drugs

Physical Evidence Impressions – tire markings, shoes prints,

depressions in soft soil/sand, and all other forms of tracts. Gloves, fabric impressions, and bite marks in skin,

foodstuffs, and other objects. Organs and physiological fluids – tested drugs

and poisons as well as blood to be analyzed for alcohol/drug content. Urine, vomit, bile

Paint – any liquid or dried paint that may have been transferred from one object to another during the act of a crime Transfer of paint from one vehicle to another in a

car accident

Physical Evidence Petroleum products – any product removed

from a suspect or recovered from a crime scene. Gasoline residues or grease and oil stains

Plastic bags – polyethylene disposable bags such as garbage or shopping bags. Examined/chemically analyzed to associate a

bag to similar bags at a crime scene or possessed by a suspect.

Plastic, rubber, polymers – remnants or residues of man-made materials may be linked to objects relevant to a crime scene or suspect.

Physical Evidence Powder residues – any item suspected of

containing firearm powder residues.

Serial numbers – stolen property submitted for the restoration of damaged/erased ID numbers

Soil and minerals – any object that could link a person to a particular location

Tool marks – impression marks found in an object caused by a “tool”.

Physical Evidence Vehicle Lights – examination of a vehicle’s

headlights and taillights to determine their use at the time of an accident/impact.

Wood and other vegetative matter – wood, sawdust, or vegetative matter discovered on clothing, shoes, or tools that could link a suspect to a crime location.

CURRENT EVENTS HOMEWORK Your assignment… DUE DATE: Tuesday 12/8

Write an investigative report on the recent unrest stemming from police shootings around the country.

Include facts and details of the incident/s Consider the actions of the suspects and the police

and evidence. Impact of shootings on the public’s perception of

law enforcement.

How have the outcomes of the trials affected people and our way of life?

Question of the Day DEC 22

Which of the following is not the responsibility of an investigator when collecting evidence?

A. Collection of evidence from a crime sceneB. Interpretation of criminal law as related to a

trialC. Knowledge of analytical techniques for the

purpose of processing evidenceD. Limitations of forensics special services

DO NOW ANSWERED DEC 22

This also opens the door for the defense to question other pieces of evidence in the trial and may place doubt in the minds of the jurors as to the scientific credibility of the prosecution’s case.

There is a strong possibility that the suspect would be found not guilty of the most serious charges.

Question of the Day Jan 5 The statute of limitations in New

Jersey involving violent crimes is dependent upon which of the following…

A. the age of the victim B. the specific crime a suspect has been

charged with C. the type of evidence available D. the arrest record of the suspect

Identifying Evidence Investigator must be able to

Make logical decisions Process the uncommon and unexpected

Qualified evidence collectors must also be able to make innovative and on-the-spot decisions at the crime scene. Standardized set of procedures In the best interest of the investigation Always within the clear definitions of the law

Descriptions of Evidence 1. Physical – A physical object or something

residing on a physical object.

2. Personal – A description or account of what has been seen or heard.

3. Circumstantial – Evidence that requires an inference (conclusion based on evidence). Indirect evidence that implies something has

occurred Does not prove it Leads to/connects other facts/circumstances

together

Circumstantial Evidence Prepare a scenario to give an example of

circumstantial evidence.

Write it down.

You will be volunteered to share your examples.

Examples of Circumstantial Evidence

Woman accused of embezzling money from her company. Makes big ticket purchases in cash around the

time the money was taken.

A man is accused of stealing valuables from a house. His wallet and license are found on the front

lawn of the house. Does not prove the robbery but could be implied

because there is no other logical explanation as to why the man’s ID is at the crime scene.

Significance of Physical Evidence Identify or compare the evidence.

Identification – process of determining an object/substance’s physical or chemical identity. Near absolute certainty as analytical techniques

permit Requires testing procedures Sufficient tests to exclude all other possibilities

Problems – each type of evidence requires different testsEach test has a degree of specificity

1 test versus 5 tests to ensure accuracy

CASE STUDY COMPLETE QUESTIONS

DUE MONDAY DEC 7

Your answers should be descriptive, detailed, and supported with evidence.

OBJECTIVE: Explain the value in the proper collection, processing, and examination of evidence as used in a court of law.

HOMEWORK DUE 1. Descriptions of Evidence 2. Continue Case Study 3. Review and Homework

AGENDA DEC 8

Significance of Physical Evidence The Role of the Forensic Scientist

1. Determine criteria for positive identification

2. Relies on experience and education 3. Conclusion will have to be validated

beyond any reasonable doubt in a court of law

Comparison and Probability

Collected specimen and control specimens

Both evaluated under same set of tests and examinations Must be scientifically accepted and

proved techniques

Determine if they have a common origin Consider chemical composition

Produces highest degree of Probability

Characteristics of Evidence Individual

Associated with a common source and high degree of probability.

Fingerprints

Class

Associated with a group and a low degree of probability.

Difficult to determine exact source of evidence.

Blood types, carpet fibers

Classifications of Evidence Inceptive

At the start of investigation

Evidence to establish the need for an investigation A search for a

perpetrator

Corroborative

At the end of an investigation

Evidence used to prove or disprove Generally, the key

piece of evidence to link a suspect to a crime

Overlooked and Missing Evidence

Family’s home computer — with Casey Anthony’s password — used to Google search for “fool-proof suffication” on June 16, 2008.

Google automatically corrected the misspelled “suffication” and linked pages describing ways to die by poisoning and suffocation.

Overlooked and Missing Evidence

Anthony’s daughter Caylee was last seen on June 16, 2008 before her body was found on Dec. 11, 2008. A jury acquitted Casey Anthony of murder on July 5, 2011.

Trial prosecutor Jeff Ashton said proof of the web search could have been a crucial weapon. The defense had claimed Caylee accidentally drowned and Casey Anthony’s dad George Anthony ditched the body.

Defense attorney Jose Baez already has a rebuttal ready if the computer search was brought to trial. Would have argued that George Anthony was

trying to search for ways to commit suicide.

EXIT PASS Dec 8 Define each of the following and provide

an example of each one.

1. Class evidence 2. Personal evidence 3. Circumstantial evidence 4. Corroborative evidence 5. Individual evidence

OBJECTIVE: Explain the value in the proper collection, processing, and examination of evidence as used in a court of law.

HOMEWORK DUE 1. PHYSICAL EVIDENCE LAB 2. Test Review 3. CHAPTER 3 TEST

STUDY GUIDE AND NOTES on Webpage

AGENDA DEC 14

OBJECTIVE: Explain the value in the proper collection, processing, and examination of evidence as used in a court of law.

1. PHYSICAL EVIDENCE LAB DUE WED DEC 16

2. CHAPTER 3 TEST

AGENDA DEC 15

Circumstantial Evidence Prepare a scenario to give an example of

circumstantial evidence.

Write it down.

You will be volunteered to share your examples.

Examples of Circumstantial Evidence

Woman accused of embezzling money from her company. Makes big ticket purchases in cash around the

time the money was taken.

A man is accused of stealing valuables from a house. His wallet and license are found on the front

lawn of the house. Does not prove the robbery but could be implied

because there is no other logical explanation as to why the man’s ID is at the crime scene.

Overlooked and Missing Evidence

Family’s home computer — with Casey Anthony’s password — used to Google search for “fool-proof suffication” on June 16, 2008.

Google automatically corrected the misspelled “suffication” and linked pages describing ways to die by poisoning and suffocation.

Overlooked and Missing Evidence

Anthony’s daughter Caylee was last seen on June 16, 2008 before her body was found on Dec. 11, 2008. A jury acquitted Casey Anthony of murder on July 5, 2011.

Trial prosecutor Jeff Ashton said proof of the web search could have been a crucial weapon. The defense had claimed Caylee accidentally drowned and Casey Anthony’s dad George Anthony ditched the body.

Defense attorney Jose Baez already has a rebuttal ready if the computer search was brought to trial. Would have argued that George Anthony was

trying to search for ways to commit suicide.

Admissibility of Evidence Jan 12

Watch the following video clip.

Pay close attention to the piece of evidence in question.

Record key details/evidence in the case. Be prepared to discuss/share with class.

http://www.youtube.com/watch?v=zVrUbkHJuHY

Identifying of Physical Evidence Identification – process of determining an

object/substance’s physical or chemical identity.

Near absolute certainty Using analytical techniques

Problems – each type of evidence requires different testsEach test has a degree of specificity

1 test versus 5 tests to ensure accuracy

Identifying Evidence How would you process an unknown piece

of evidence to positively determine its identity?

You work as a forensics lab technician at the State Police Headquarters.

You are given a type of “street” drug and asked to determine what it is.

What steps would you take? Write these steps down in your notebook.

AGENDA Jan 15Objective: Compare and contrast characterisitcs of evidence and their value in a court of law.

1. Question of the Day 2. Finish Chapter 3 Notes 3. Chapter 3 Test – NEXT WEEK 4. Chapter 3 Test – NEXT WEEK

Friday Jan 23?

Paul Walker’s autopsy revealed his body was found in a “pugilistic stance”.

It may show that he was attempting to brace himself for the impact of the crash.

What else might this stance reveal?

Forensics Applications

Forensics Applications When a body is exposed to intense

fire/heat, the body will take on a “pugilistic stance”.

Autopsy results also reveal that Mr. Walker was burned so severely that dental records were required for official identification.

His tissues and organs were too badly damaged to be eligible for donation.

Paul Walker Investigation

Casey Anthony Investigation

http://www.youtube.com/watch?v=ilGKjbpMxYE