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

Valuable evidence sometimes be overlooked.

Collected evidence can left on an evidence room shelf Never fully examined or processed.

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

reported Official police inquiry/investigation

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. Memorizing a standardized set of procedures is not

enough Useful to the investigation Always within the clear definitions of the law

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.

Physical Evidence

Any object that can establish a crime has been committed.

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

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

Casey Anthony Case

http://abcnews.go.com/US/casey_anthony_trial/casey-anthony-trial-defense-claims-caylee-anthony-drowned/story?id=13674375

http://abcnews.go.com/US/casey_anthony_trial/casey-anthony-trial-defense-claims-caylee-anthony-drowned/story?id=13674375

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.

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

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 – body organs

and fluids are submitted to toxicology to detect possible existence of 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.

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

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.

Wife is suing her husband for divorce claiming he has had an affair. Another woman’s fingerprints are found in their

bedroom. Does not prove the affair but could be implied

because another woman has no other logical reason to be in their bedroom.

Significance of Physical 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

number of tests require to ensure accuracy

Significance of Physical Evidence

The Role of the Forensic Scientist

1. Determine the point and 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 of Evidence

Collected specimen and a control

Both evaluated under same set of tests and examinations Select specific properties from

both specimens

Determine if they have a common origin

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 base a search for a perpetrator

Corroborative

At the end of an investigation

Evidence used to prove or disprove