Alternative Forms of Evidence - Free Paper Example

Published: 2023-11-26
Alternative Forms of Evidence - Free Paper Example
Type of paper:  Essay
Categories:  Criminal law Court system Judicial system
Pages: 7
Wordcount: 1677 words
14 min read
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Introduction

The evidence is often a form of validation, which illustrates the certainty of specific circumstances or facts. Moreover, the evidence is derived from analytical reasoning, coherent inference, and various presumption. Various types and forms of evidence exist, such as judicially noticed evidence, inclusive evidence, testimonial evidence, directive evidence, opinion evidence, character evidence, and physical evidence (Dutelle, 2011). By definition, physical evidence refers to any gadget, object, substance, or anything that can create and show that crime has been committed.

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Crime Scene Search Methods

In the case scenario involving Tim, Rhonda, and James, leading to James's death following specific incidents at Dew Drop Inn restaurant, the police went to the crime scene and started investigations. Primarily, the authority might adopt several crime scene search methods in developing and establishing crime scene reconstruction. According to National Forensic Science Technology Center (NFSTC) et al. (2013), the most relevant methodology that the administration might consider during a crime scene search includes strip search, zone search, grid search, and spiral search. Strip search involves investigators moving in a parallel direction along define lanes of the crime scene. Grid search consists of conducting an investigation in lane search followed by completing a quest in a perpendicular direction. In the scenario, the police used a grid search to identify the possible position where the scene was conducted (NFSTC et al., 2013).

Additionally, zone search comprises dividing the crime scene into different parts for easy investigations. The small portions produce better methodical inquiries; thus, dividing the crime scene in the scenario helps the police identify several events before and after the killing. Lastly, the spiral search involves the inwards and outwards investigation around the crime scene (NFSTC et al., 2013). However, the spiral search has some disadvantages as evidence might be destroyed while the police or investigators move towards the crime scene center.

The relevance of crime search methods is that it is useful when developing associative evidence convenient when linking the suspect or the victim to the crime scene. Besides, it provides reliable feedback and answers to the compelling questions concerning the investigations, for instance, who executed the crime, why the crime was conducted, the procedure on how it was performed, and events surrounding the crime. According to Oster-burg and Ward (2004), the crime scene search methods are crucial in determining evidence where a criminal suspect's cognitive profile is established. Moreover, it helps determine objects or any substance that is not linked to the suspects and eliminate items that are not reasonably connected to the crime scene psychological (Oster-burg & Ward, 2004). Additionally, it is appropriate when identifying the suspects' intention of executing the crime.

The Evidence

Following James's murder, the police started the investigations to identify the crime suspects and the possible reasons behind the scene. The crime scene is marked according to scene management to establish a practical perimeter of the crime scene and avoid contamination and alter evidence (Ogle, 2007). Law enforcers identify and collected several crime objects at the scene, such as the remains of a beer bottle glasses. Additionally, other evidence objects include cartridge casing, fibers on the victim’s body, fingerprints at the crime scene, and the bullet recovered from the victim’s body.

Furthermore, the law enforcers identified suspect's evidence. Some of the suspects' evidence include, the blood trails into the parking lot where the suspect car was parked, the type of car, and the registration number of the car they used. The police continued with investigations and followed the suspects into their apartment where the Red Honda Civic was found parked. Moreover, the police gathered a search warrant for seizing the car and searching the suspects' apartment. The law enforcers also retrieve and receive evidence from Rhonda’s email showing the murder threats.

Additionally, the search revealed the suspect’s shirt splashed with a lot of blood resulting from gunshot blowback. The investigation also revealed that a box of cartridges with several rounds missing was found in the night's dresser. Next to the ammunition was an empty box for a 9mm Glock model 26 compact pistol, revealing and establishing the suspects' identity. The police often use evidence to institute a convenient relationship between the crime object and the suspect's object. Subsequently, when collecting evidence, the authorities should put on gloves and pack the crime objects appropriately to avoid alteration and evidence contamination. According to Ogle (2007), all the crime scene evidence should be marked and suitably packed with specific information such as department case number, item number, date received, description of the item, and the investigators' names.

Importance of Expert Testimony

Expert testimony assists the judges during a legal proceeding in a courtroom as it is used to evaluate a material fact about a specific case. The evidence provided by the expert testimony must be substantial and decisive, suitable to the case, and it should be probative (Bond & Amanpreet, 2005). Moreover, expert testimony acts as an emissary in a legal proceeding as it provides backdrop information and creates a circumstantial understanding to the jurors. For instance, an expert can give an assumption worth reiterating on cross-examination. Linking the deduction to the critical principles, the experts create a connection between their prospect on what happened and the jurors' reality.

Concurrently, the expert testimony appraises the real facts about a criminal case. Experts are allowed to examine case documents, conduct laboratory tests, and reconstruct particular models, developing a compelling analysis of the accountability to base their testimony (Bond & Amanpreet, 2005). Finally, expert testimony helps the jurors to interpret complex information on a scene and administers credibility, and they consolidate with the legal team enhancing the strength of the case.

Besides, report writing involves documenting relevant information of an incidence in a thorough, precise, and concise manner. First, Report writing is essential as it provides and helps the police or the administration to identify criminals. The police report plays a vital role in determining, suspicion, and the pursuit of criminals. It serves as a source of evidence filing criminal complaints and provides ground for a supplementary follow up of investigations (Bond & Amanpreet, 2005). Secondly, report writing provides records concerning all investigations and acts as a significant source for the prosecutions. Thirdly, the administrative reports help the officers prepare to provide scuttlebutt testimony during preliminary hearings during the court preparation.

Additionally, the police reports act as Civil Liability Assessment, playing a significant role in insurance companies and other risk managers by establishing possible civil liability by documenting particular events or scenes, such as accidents (Bond & Amanpreet, 2005). Moreover, it presents the justification for the action of an officer in a civil complaint. Lastly, report writing provides statistical information or details for investigation of crime trends and helps assess the police officer's performance.

The Role of Forensic Scientist

By definition, Forensic Science involves the use of science to the criminal and domestic laws imposed by the law enforcers in a judicial system. Moreover, Forensic Science entails applying proficiency and strategic technique of different disciplines of science concerning legal matters (Peterson & Sommers, 2010). Thus, the role of Forensic Science includes evaluation of evidence to establish real facts justifiable to the law of court. Furthermore, forensic scientist conscientiously examines the evidence following correct procedures to execute facts of the scene without tampering with evidence (Peterson & Sommers, 2010). According to Peterson and Sommers (2010), forensic pathologists are experts and have particular skills, such as performing autopsies, to determine a murder case. For instance, in a case scenario that led to James's death, the Forensic Scientists will examine the physical evidence such as the blood, fingerprints, and even some fibers like hair to identify the suspect (NFSTC et al., 2013). Moreover, the application of image modification tools is critical when searching for criminals.

Concurrently, the forensic scientist used different techniques during the analysis evidence and identification of suspects. The possible methods that were used in the case scenario entail the use of “laser Ablation Inductively Coupled Plasma Mass Spectrometry (LA-ICP-MS)” (Rawtani & Chaudhery, 2020), to match the broken pieces of glasses found from the crime scene to find some relevant clues. Besides, the scientist also used Alternative Light Photography to verify the physical damage of the victim. Moreover, the forensic scientist's application of High-Speed Ballistics Photography helps them determine the bullet's direction, impacts, and exit wound. Lastly, according to Rawtani and Hussain (2020), Automated Fingerprints Identification (AFIS) helps the investigators correlate the fingerprints at the scene with a comprehensive virtual database, hence easy identification of the suspects.

Conclusion

Evidence in a crime scene refers to any validation that shows confidence in particular facts. When determining specific facts or evidence, the authorities use several crime scene search methods to develop and establish crime scene reconstruction. The crime scene search methods comprise a strip search, grid search, spiral search, and zone search. Expert testimony plays a critical role in assisting judges during a legal proceeding in a courtroom by evaluating a specific case's material facts. Moreover, the forensic scientist also plays a relevant role by evaluating evidence to establish real facts justifiable to court law by using particular techniques and various science disciplines concerning legal matters.

References

Bond, T., & Amanpreet, S. (2005). Therapists in Court Providing Evidence and Supporting Witnesses: Providing Evidence and Supporting Witnesses. London: Sage Publications.

Dutelle, A. W. (2011). An introduction to crime scene investigation. Sudbury, Mass. : Jones and Bartlett Publishers.

National Forensic Science Technology Center (NFSTC), National Institute of Justice (NIJ), United States(U.S), & National Institute of Standards(NIS) and Technology (U.S.). (, 2013). Crime scene investigation: A guide for law enforcement.

Ogle, R. R. (2007). Crime scene investigation and reconstruction: with guidelines for crime scene search and physical evidence collection. New York: Upper Saddle River, N.J. : Pearson Prentice Hall.

Osterburg, J. W., Richard, H. W., & Larry, M. (2019). Criminal investigation: a method for reconstructing the past. New York: Routledge, Taylor & Francis Group.

Peterson, J. L., & Sommers, I. B. (2010). The role and impact of forensic evidence in the criminal justice process: Revised final report, 6-10-10. Rockville, MD: NCJRS

Rawtani, D., & Chaudhery, M. H. (2020). Technology in forensic science: sampling, analysis, data, and regulations. Weinheim: Wiley-VCH.

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