Analysis Of Evidence Flashcards

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1
Q

What is Evidence?

A

Can be defined as information that is given in a legal investigation, to make a fact or propositions more or less likely.

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2
Q

What are the key forms of evidence in court?

A

Testimonial, documentary and physical, digital, demonstrative

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3
Q

What is testimonial evidence?

A

refers to eyewitness statements made under oath or affirmations

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4
Q

What is a competent witness ?

A

A witness who gives facts about that case as they have the mental capacity to understand the question put to them.

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5
Q

What should competency not be confused with?

A

Credibility and reliability

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6
Q

What are the factors affecting eyewitness testimonies?

A

Weapon focus, internal factors (stress), external factors (leading questions), post event factors (new information)

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7
Q

What are the things to consider about eyewitness testimonies?

A

-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

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8
Q

What is documentary evidence?

A

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

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9
Q

What are examples of documentary evidence

A

Diaries,letters,contracts and newspapers

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10
Q

What is physical evidence?

A

Any material item that would be present at the crime scene, on the victim or found in a suspects possession

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11
Q

What form can physical evidence be in?

A

Any form such as small, large, microscopic or odour

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12
Q

When does the role of the forensic science begin ?

A

Begins at the crime scene

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13
Q

What is meant by a crime scene ?

A

Any location that is searched for physical evidence

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14
Q

Do all crimes have a crime scene ?

A

Yes

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15
Q

How many crime scenes can an incident have ?

A

Multiple

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16
Q

What is the order of events for forensic science in a criminal investigation ?

A

-recovery and continuity of evidence
-laboratory work on physical evidence
-interpretation and evaluation of evidence and presentation of findings in court

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17
Q

Who sends evidence for analysis in a lab ?

A

Soco’s

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18
Q

in what form is forensic evidence presented in court ?

A

Expert witness document

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19
Q

What is continuity of evidence ?

A

chronology of who have been responsible for its safekeeping and appropriate handing (chain of custody)

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20
Q

What measures are taken to prevent tampering of evidence ?

A

-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

21
Q

What measures are taken to prevent accidental contamination of evidence ?

A

-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

22
Q

What measures are taken to prevent deterioration ?

A

-appropriate packaging and storage
-assiduous logging and note taking

23
Q

When would evidence be deemed inadmissible ?

A

If continuity of evidence cannot be adequately demonstrated, as the loss of its integrity cannot be ruled out

24
Q

What is evidential value ?

A

How useful an item is in telling us something

25
Q

What helps determine evidential value ?

A

-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

26
Q

Once the evidence has been analyzed what can the scientist do ?

A

-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

27
Q

What is Streamlined Foresnic Reporting (SFR) ?

A

-multi-step process
-standardised form to report the outcomes of crime scene processing and laboratory analysis to the police, defence, prosecution

28
Q

How do expert witness statements have to be written ?

A

In layman’s terms and be easily understood by non-scientists within the criminal justice system

29
Q

What are common types of evidence ?

A

-direct
-circumstantial
-associative
-reconstructive

30
Q

What is direct evidence ?

A

Eyewitness statements and confessions

31
Q

What is circumstantial evidence ?

A

Evidence which is inferred from a set of circumstances that relate to the event

32
Q

What is associative evidence ?

A

Any evidence that ties a suspect to the crime scene, victims or other evidence

33
Q

What is reconstructive evidence ?

A

Any evidence that allows investigators to gain an understanding of the actions that took place at the scene

34
Q

What is rebuttal evidence ?

A

Evidence offered to disprove or contradict the evidence presented by an opposing party

35
Q

What is primary facie evidence ?

A

Evidence that will establish a fact or sustain a judgement unless contradictory evidence is produced

36
Q

What is exculpatory evidence ?

A

Evidence tending to establish a criminal defendants innocence

37
Q

What must evidence be for it to be accepted in court ?

A

Relevant and admissible

38
Q

Whose opinion is accepted as evidence in court ?

A

Expert witness

39
Q

What are the main categories for physical evidence ?

A

Trace and contact evidence
Biological evidence
Impression evidence
Chemical evidence
Other

40
Q

How is physical evidence utilised ?

A

-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

41
Q

What did locard’s exchange principle say ?

A

‘Every contact leaves a trace’

42
Q

What does the transfer of evidence depend on ?

A

-pressure applied
-number of contacts
-how easily it transfers
-form of evidence
-how much of the item is involved

43
Q

What does evidence persistence depend on ?

A

-what the evidence is
-location
-environment
-time from transfer to collection
-activity of or around the evidence

44
Q

What is contamination ?

A

undesired transfer of information between items of evidence

45
Q

Which type of evidence can be readily transferred ?

A

Trace evidence

46
Q

What does trace evidence allow provide ?

A

Evidence of association

47
Q

What are the implications of re-transfer ?

A

-great care must be taken to avoid possibly cross-contamination
-the possibility of transfer subsequent to the primary transfer must be taken into account during the interpretation of trace evidence
-trace evidence can be readily lost

48
Q

What is a visual way to present the results of trace evidence analysis to show the occurred transfer ?

A

Transfer diagram