Analysis Of Evidence Flashcards
What is Evidence?
Can be defined as information that is given in a legal investigation, to make a fact or propositions more or less likely.
What are the key forms of evidence in court?
Testimonial, documentary and physical, digital, demonstrative
What is testimonial evidence?
refers to eyewitness statements made under oath or affirmations
What is a competent witness ?
A witness who gives facts about that case as they have the mental capacity to understand the question put to them.
What should competency not be confused with?
Credibility and reliability
What are the factors affecting eyewitness testimonies?
Weapon focus, internal factors (stress), external factors (leading questions), post event factors (new information)
What are the things to consider about eyewitness testimonies?
-type of crime
-how witness saw it
-interviewing techniques used
-time lapse between incident and testimony
-has the witness already identified the suspect or a diffferent individual
-relationship
What is documentary evidence?
Any document produced for the inspection by the court as evidence of its contents. It could also be any evidence that contains a record of some kind and builds up the documentation of the events leading to the crime often presented during the trials
What are examples of documentary evidence
Diaries,letters,contracts and newspapers
What is physical evidence?
Any material item that would be present at the crime scene, on the victim or found in a suspects possession
What form can physical evidence be in?
Any form such as small, large, microscopic or odour
When does the role of the forensic science begin ?
Begins at the crime scene
What is meant by a crime scene ?
Any location that is searched for physical evidence
Do all crimes have a crime scene ?
Yes
How many crime scenes can an incident have ?
Multiple
What is the order of events for forensic science in a criminal investigation ?
-recovery and continuity of evidence
-laboratory work on physical evidence
-interpretation and evaluation of evidence and presentation of findings in court
Who sends evidence for analysis in a lab ?
Soco’s
in what form is forensic evidence presented in court ?
Expert witness document
What is continuity of evidence ?
chronology of who have been responsible for its safekeeping and appropriate handing (chain of custody)
What measures are taken to prevent tampering of evidence ?
-tamper-evident seals on evidence packaging
-dedicated secure evidence storage facilities
-secure contemporaneous note taking
-uninterrupted chain of custody
-minimizing the number of people in the chain of custody
What measures are taken to prevent accidental contamination of evidence ?
-SOPs that incorporate anti-contamination measures:
-the isolation of bulk and trace evidence
-the use of PPE
-the decontamination of surfaces between samples
-isolation of samples between victims and suspects
-re-packaging every samples as soon as it has been analyzed
What measures are taken to prevent deterioration ?
-appropriate packaging and storage
-assiduous logging and note taking
When would evidence be deemed inadmissible ?
If continuity of evidence cannot be adequately demonstrated, as the loss of its integrity cannot be ruled out
What is evidential value ?
How useful an item is in telling us something
What helps determine evidential value ?
-has a crime been committed
-Identity
-link suspect or victim to each other
-establish a connection between different crime scenes
-corroborate or refute evidence from another source
Once the evidence has been analyzed what can the scientist do ?
-interpret: ascertain what may be established about the nature of the item
-Evaluate: the data obtained to establish whether it supports the prosecution or defense proposition
What is Streamlined Foresnic Reporting (SFR) ?
-multi-step process
-standardised form to report the outcomes of crime scene processing and laboratory analysis to the police, defence, prosecution
How do expert witness statements have to be written ?
In layman’s terms and be easily understood by non-scientists within the criminal justice system
What are common types of evidence ?
-direct
-circumstantial
-associative
-reconstructive
What is direct evidence ?
Eyewitness statements and confessions
What is circumstantial evidence ?
Evidence which is inferred from a set of circumstances that relate to the event
What is associative evidence ?
Any evidence that ties a suspect to the crime scene, victims or other evidence
What is reconstructive evidence ?
Any evidence that allows investigators to gain an understanding of the actions that took place at the scene
What is rebuttal evidence ?
Evidence offered to disprove or contradict the evidence presented by an opposing party
What is primary facie evidence ?
Evidence that will establish a fact or sustain a judgement unless contradictory evidence is produced
What is exculpatory evidence ?
Evidence tending to establish a criminal defendants innocence
What must evidence be for it to be accepted in court ?
Relevant and admissible
Whose opinion is accepted as evidence in court ?
Expert witness
What are the main categories for physical evidence ?
Trace and contact evidence
Biological evidence
Impression evidence
Chemical evidence
Other
How is physical evidence utilised ?
-provides a investigative lead for a case
-ties one crime to a similar crime or connects one suspect with another
-corroborates statements from witnesses to or victims of a crime
-the elements of a crime help to determine what will be useful as evidence
What did locard’s exchange principle say ?
‘Every contact leaves a trace’
What does the transfer of evidence depend on ?
-pressure applied
-number of contacts
-how easily it transfers
-form of evidence
-how much of the item is involved
What does evidence persistence depend on ?
-what the evidence is
-location
-environment
-time from transfer to collection
-activity of or around the evidence
What is contamination ?
undesired transfer of information between items of evidence
Which type of evidence can be readily transferred ?
Trace evidence