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Chapter 3 PHYSICAL EVIDENCE. Physical Evidence. It would be impossible to list all the objects that could conceivably be of importance to a crime. Almost anything can be physical evidence.
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Physical Evidence • It would be impossible to list all the objects that could conceivably be of importance to a crime. • Almost anything can be physical evidence. • Although you cannot rely on a list of categories, it is useful to discuss some of the most common types of physical evidence. • The purpose of recognizing physical evidence is so that it can be collected and analyzed. • It is difficult to ascertain the weight a given piece of evidence will have in a case as ultimately the weight will be decided by a jury. PHYSICAL EVIDENCE
Blood, semen, and saliva Documents Drugs Explosives Fibers Fingerprints Firearms and ammunition Glass Hair Impressions Organs and physiological fluids Types of Physical Evidence • Paint • Petroleum products • Plastic bags • Plastic, rubber, and other polymers • Powder residues • Soil and minerals • Tool marks • Vehicle lights • Wood and other vegetative matter PHYSICAL EVIDENCE
Purpose of Examining Physical Evidence • The examination of physical evidence by a forensic scientist is usually undertaken for identification or comparison purposes. • Identification has as its purpose the determination of the physical or chemical identity of a substance with as near absolute certainty as existing analytical techniques will permit. • A comparison analysis subjects a suspect specimen and a standard/reference specimen to the same tests and examinations for the ultimate purpose of determining whether or not they have a common origin. PHYSICAL EVIDENCE
Identification • The object of an identification is to determine the physical or chemical identity with as near absolute certainty as existing analytical techniques will permit. • The process of identification first requires the adoption of testing procedures that give characteristic results for specific standard materials. • Once these test results have been established, they may be permanently recorded and used repeatedly to prove the identity of suspect materials. • Second, identification requires that the number and type of tests needed to identify a substance be sufficient to exclude all other substances. PHYSICAL EVIDENCE
Common Types of Identification • The crime laboratory is frequently requested to identify the chemical composition of an illicit drug. • It may be asked to identify gasoline in residues recovered from the debris of a fire, or it may have to identify the nature of explosive residues—for example, dynamite or TNT. • The identification of blood, semen, hair, or wood are also very common and as a matter of routine, include a determination for species origin. PHYSICAL EVIDENCE
Comparison • A comparative analysis has the important role of determining whether or not a suspect specimen and a standard/reference specimen have a common origin. • Both the standard/reference and the suspect specimen are subject to the same tests. • The forensic comparison is actually a two-step procedure. • First, combinations of select properties are chosen from the suspect and the standard/reference specimen for comparison. • Second, once the examination has been completed, the forensic scientist must be prepared to render a conclusion with respect to the origins. PHYSICAL EVIDENCE
Role of Probability • To comprehend the evidential value of a comparison, one must appreciate the role that probability has in ascertaining the origins of two or more specimens. • Simply defined, probability is the frequency of occurrence of an event. • In flipping a coin, probability is easy to establish. • With many analytical processes exact probability is impossible to define. PHYSICAL EVIDENCE
Classifying Characteristics • Individual Characteristics • Evidence that can be associated to a common source with an extremely high degree of probability is said to possess individual characteristics. • Class Characteristics • Evidence associated only with a group is said to have class characteristics. PHYSICAL EVIDENCE
Individual Characteristics • In all cases, it is not possible to state with mathematical exactness the probability that the specimens are of common origin. • It can only be concluded that this probability is so high as to defy mathematical calculations or human comprehension. PHYSICAL EVIDENCE
Individual Characteristics • Examples: • The matching ridge characteristics of two fingerprints • The comparison of random striation markings on bullets or tool marks • The comparison of irregular and random wear patterns in tire or footwear impressions • The comparison of handwriting characteristics • The fitting together of the irregular edges of broken objects in the manner of a jigsaw puzzle • Matching sequentially made plastic bags by striation marks running across the bags PHYSICAL EVIDENCE
Class Characteristics • Surprising to the inexperienced forensic scientist is the frequent inability of the laboratory to relate physical evidence to a common origin with a high degree of certainty. • Evidence is said to possess class characteristics when it can be associated only with a group and never with a single source. • Here again, probability is a determining factor. • Nevertheless, the high diversity of class evidence in our environment makes their comparison very significant in the context of a criminal investigation. PHYSICAL EVIDENCE
Class Evidence • One of the current weaknesses of forensic science is the inability of the examiner to assign exact or even approximate probability values to the comparison of most class physical evidence. • For example, what is the probability that a nylon fiber originated from a particular sweater, or that a paint chip came from a suspect car in a hit and run? • There are very few statistical data available from which to derive this information, and in a mass-produced world, gathering this kind of data is increasingly elusive. PHYSICAL EVIDENCE
Class Evidence • One of the primary endeavors of forensic scientists must be to create and update statistical databases for evaluating the significance of class physical evidence. • Most items of physical evidence retrieved at crime scenes cannot be linked definitively to a single person or object. • The value of class physical evidence lies in its ability to provide corroboration of events with data that are, as nearly as possible, free of human error and bias. PHYSICAL EVIDENCE
Class Evidence • The chances are low of encountering two indistinguishable items of physical evidence at a crime scene that actually originated from different sources. • When one is dealing with more than one type of class evidence, their collective presence may lead to an extremely high certainty that they originated from the same source. • Finally, the contribution of physical evidence is ultimately determined in the courtroom. PHYSICAL EVIDENCE
Crossing Over • Crossing over the line from class to individual does not end the discussions. • How many striations are necessary to individualize a mark to a single tool and no other? • How many color layers individualize a paint chip to a single car? • How many ridge characteristics individualize a fingerprint? • How many handwriting characteristics tie a person to a signature? • These are all questions that defy simple answers and are the basis of arguments. PHYSICAL EVIDENCE
Natural vs. Evidential Limits • There are practical limits to the properties and characteristics the forensic scientist can select for comparison. • Modern analytical techniques have become so sophisticated and sensitive that natural variations in objects become almost infinite. • Carrying natural variations to the extreme, no two things in this world are alike in every detail. • Evidential variations are not the same as natural variations. • Distinguishing variations of evidential use from natural variations is not always an easy task. PHYSICAL EVIDENCE
Using Physical Evidence • As the number of different objects linking an individual to a crime scene increases, so does the likelihood of that individual’s involvement with the crime. • Just as important, a person may be exonerated or excluded from suspicion if physical evidence collected at a crime scene is found to be different from standard/reference samples collected from that subject. PHYSICAL EVIDENCE
Forensic Databases • TheIntegrated Automated Fingerprint Identification System (IAFIS), a national fingerprint and criminal history system maintained by the FBI. • The Combined DNA Index System (CODIS) enables federal, state, and local crime laboratories to electronically exchange and compare DNA profiles. • The National Integrated Ballistics Information Network (NIBIN) allows firearm analysts to acquire, digitize, and compare markings made by a firearm on bullets and cartridge casings. • The International Forensic Automotive Paint Data Query (PDQ) database contains chemical and color information pertaining to original automotive paints. • SICAR (shoeprint image capture and retrieval) is a shoeprint database. PHYSICAL EVIDENCE
Forensic Pathology • This field involves the investigation of sudden, unnatural, unexplained, or violent deaths. • The primary role of the medical examiner is to determine the cause of death. • If a cause cannot be found through observation, an autopsy is normally performed to establish the cause of death. PHYSICAL EVIDENCE
Forensic Pathology • After a human body expires there are several stages of death. • Rigor mortis results in the shortening of muscle tissue and the stiffening of body parts in the position at death (occurs within the first 24 hours and disappears within 36 hours). • Livor mortis results in the settling of blood in areas of the body closest to the ground (begins immediately on death and continues up to 12 hours). • Algor mortis results in the loss of heat by a body (a general rule, beginning about an hour after death, the body loses heat by 1 to 1-1/2 degrees Fahrenheit per hour until the body reaches the environmental temperature). PHYSICAL EVIDENCE
Forensic Anthropology • Forensic anthropology is concerned primarily with the identification and examination of human skeletal remains. • Because of their resistance to rapid decomposition, skeletal remains can provide a multitude of individual characteristics such as sex, approximate age, race, and skeletal injury. • The gender of the decedent can be determined by the size and shape of various skeletal features, especially those in the pelvis and skull or cranium. • The height of the victim when alive can be estimated by measuring the long bones of the skeleton especially in the lower limbs. PHYSICAL EVIDENCE
Forensic Entymology • The study of insects and their relation to a criminal investigation is known as forensic entomology. • Forensic entymology commonly is used to estimate the time of death when the circumstances surrounding the crime are unknown. This determination can be carried out by studying the stage of development of maggots or insect sequence of arrival. • After decomposition begins, insects that feed on the dead tissue infest the body and lay eggs, usually within 24 hours. The most common and important of these is the blowfly recognized by its green or blue coloration. • Forensic entomologists can approximate how long a body has been left exposed by examining the stage of development of the fly larvae. PHYSICAL EVIDENCE
Figure 3-17 Typical blowfly life cycle from egg deposition to adult fly emergence. This cycle is representative of any one of the nearly ninety species of blowflies in North America. Courtesy E. P. Catts, Ph.D., deceased, and Neal H. Haskell, Ph.D., forensic entomology consultant www.forensic-entomology.com.