Abstract
The following assignment is dedicated to the topic “Crime scene investigation”. The Introduction presents basic ideas related to the concept of investigation, the role of crime scene investigation in investigating the crime and most important functions, performed by crime scene investigator. Thereafter legal background and other relevant concerns are emphasized. Other concerns include adhering to ethical principles of crime scene investigator’s job, health and safety issues, and planning, organization and coordination phase, which precedes core crime scene investigation activities. Special attention is paid to practical importance of each of mentioned concerns. The rest of the course work contains a thorough examination of the activities, which constitute crime scene investigation process (preserving crime scene, documenting the activities, searching for physical evidence, recovering it, its transportation and storing). Mutual goals and objectives of the activities are stressed. Peculiarities of each stage of the process are highlighted with respect to observing mutual goals. Conclusion contains a brief overview of crime scene investigation process.
Introduction
The existence of mankind is ultimately connected with people’s committing different types of crimes, predetermined by different combinations of external and internal determinants. Each crime requires proper investigation and consideration due to the fact that there are no crimes, whose determinants and conditions are totally similar. Therefore, it is important to pay due attention to investigating crimes to get a notion both about a personal responsible for having committed particular crimes and to prevent committing crimes both by this person and other people in the future.
According to C.Orthmann and K.Hess. (2012), a criminal investigation is referred to such activities as discovering, collecting, preparing and presenting evidence. (6) Investigation usually consists of three main elements: getting to know the events, which preceded the offense, studying crime scene and state-of-the-art competences of investigators. (Pepper, 2010, 1)
Crime scene investigation is one of core activities, which may help the representative of law enforcement agency or forensic science specialist discover and collect important evidence. Modern crime scene investigator performs a variety of functions, including photography or and video recordings, looking for physical evidence, using recovery methods to preserve it , ensuring packaging and storing of physical evidence, providing advice to investigators, and giving evidence in court (Pepper, 2010, 12).
In this assignment we will address basic legal background behind crime scene investigation (paying special attention to its performance in terms of not breaking the provision of Fourth Amendment), relevant considerations and provide a basic overview of crime scene investigator’s activities.
Legal Background
Conducting crime scene investigation requires thorough consideration and lawful practical application of provisions related to criminal law, criminal procedures and even constitutional law, especially in the light of citizens’ constitutional rights’ observance. It is impossible to conduct legal analysis of crime scene investigation without referring to Fourth Amendment, which contains warrant requirement and states that:
“the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”( U.S. Const. amend. IV)
According to M.Berlin (2011), search and seizure warrants need to be obtained under the Fourth Amendment unless facts relevant to the search and seizure fall can be considered warrant exceptions, recognized by U.S.Supreme Court” (5). One of most important exceptions with this respect relates to so called “exigent circumstances”, which justify warrantless search or seizure. Such circumstances may include threat to life (under emergency situation doctrine), the risk of removal or contamination of evidence or criminal’s escape.
However, as it was stated by U.S. Supreme Court in Mincey v Arizona (1978), there is no “crime-scene or murder-scene exception” under the Fourth Amendment. The same position was confirmed by its rulings in some other cases. Nonetheless, the practice of getting warrants for conducting crime scene investigation is quite a seldom one in the U.S. Warrantless investigation is most often justified by facts related to the threat of removing evidence. Except legal considerations, some extra ones should be observed in terms of conducting crime scene investigation.
Other Relevant Considerations
Legal background notwithstanding, a range of other issues should be addressed. Firstly, crime scene investigators should adhere to the principles of due diligence, integrity, impartiality, open-mindedness and evaluating the situation objectively. (UN Office on Drugs and Crime, 2009,13) Furthermore, crime scene investigators should pay due consideration to health and safety concerns, which may be related to chemicals, biological materials, firearms, explosives and insecure environment (for instance, offender can be still present on site). Some special safety issues may relate to the work of forensic scientists, who may conduct evidence’s analysis in the future.
Furthermore, specific attention should be paid to such crucibles, as planning crime scene investigation, organization and coordination of activities. Good planning is essential for conducting an effective work. It should include getting to know and analyzing all available data about the crime, peculiarities of crime scene, possible dangers, weather conditions etc. This data will be useful in terms of getting necessary resources and equipment along with attracting extra specialists to meet the requirements of the future investigation.
Before investigators start working, they should conduct an evaluation of the scene (in scientific literature it is most often called preliminary assessment. According to A.Dutelle (2013), it is worth making rough sketches on-scene as they can provide valuable assistance in terms of developing a strategic plan for further activities(127). After the work proceeds, the sketch will include not only layout of the scene, but will be used to make notes about the size and nature of items, discovered on-site and distances between them. A sketch usually include title, legend brief outline of the case, author’s name and affiliation, indication of direction, scale and measurement table.
Organization and coordination of efforts are exercised both before actual work starts and during the period of time, when it is conducted. Basic organization and coordination issues include deciding on necessary activities, sequence of activities, distributing roles and responsibilities, identifying group leader and considering applicable procedural manner in which activities will be performed.
Uniqueness of each crime and scene of crime requires not just using plans, developed earlier, but reframing existing plans and methodologies to fit each new case. Therefore, crime investigation draft plans and procedures should leave space for flexibility and adaptability.
Relevant considerations are crucial due to the consequences, which can arise in case crime scene investigators fail to take them into account. Failure to adhere to ethical values may result in subjective approach to the case, narrow-minded way to approach issues and even lack of integrity. Furthermore, failure to adhere to aforementioned principles can lead to difficulties in terms of ensuring effective teamwork , organization and coordination of activities.
All aforementioned factors can exert a significant influence on the performance of crime scene investigators themselves and further investigation of the case. Non-observance of issues related to safety and health may lead to traumatism of crime scene investigators. Most serious consequences in terms of case’s outcome related to arriving unprepared to the crime scene (e.g. without necessary equipment), uncoordinated activities (which lead to misunderstandings and overlooking important issues) and failure to establish communication between crime scene investigators.
Preservation of Scene and Evidence
One of most important tasks of crime scene investigator relates to preserving the crime scene. Preserving crime scene is necessary as failure to preserve its initial state can result in missing important data, destroying crucial evidence, contamination of the scene itself etc. Therefore, strict anti-contamination measures (e.g., wearing special protective clothing, shoe covers and gloves, avoiding using on-site facilities, keeping away from drinking, eating and smoking on-site, using the single path to move around etc.) should be applied. In case extra crime scenes are discovered, it is worth treating each crime scene separately. Critical issues also relate to delineating and cordoning off the area. For the crime scene investigator it is crucial to start discovering and collecting evidence as soon as possible, as crime scenes tend not to stay unaltered during a long period of time. For instance, outdoor scene is likely to be influenced by changing weather conditions, which can easily promote contamination of important evidence. Importance of arriving as soon as possible and using all necessary anti-contamination measures lies in the fact that life provides to further chances to correct mistakes or recover evidence, which has not been discovered during crime scene investigation.
Documentation of the Crime Scene and Evidence
As soon as the first person arrives at the crime scene, it is started to be documented. Documentation’s main aim is to work out an objective record of crime scene investigation, of physical evidence, which were discovered and possible changes, which occurred to the scene of crime and physical evidence. Documentation is exercised with the help of such means as notes, photos, video recording and sketches. Each item related physical evidence undergoes thorough documentation before being moved away from the site of crime. Labels are used to mark each of discovered items.
Documentation helps crime scene investigators to remember all necessary details of their activities, crime scene’s characteristics and circumstances of physical evidence discovery as it may be further required by investigators and court. Moreover, particularly documentation helps to ensure continuality of the investigation and lets other specialists get to know all details about how crime scene investigation was conducted. Continuality of investigation is crucial in terms of rightful interpretation of physical evidence.
Discovering and Preserving Evidence
Central activities of crime scene investigator are connected with recognizing, recovering and preserving evidence. To make it easier for crime scene investigators to locate evidence, special evidence checklists exist for every type of crime. For instance, the CSI burglary checklist includes photograph, tool marks, hairs and fibers, soil standards etc.(Holden, 2006, 55) The one for homicide includes nine items, mentioned in the checklist for burglary and such extra ones as hair standard, fingernail scrapings, blood standards, blood samples, photos of wounds, clothing of victim, clothing of suspect, weapons, major case pints etc. .(Holden, 2006, 56) Aforementioned checklists help us understand that physical evidence can be really different. Basically evidence can exist in the forms of testimonial and physical evidence. By-turn, physical evidence includes biological materials (blood, semen, saliva etc.), fibers, soil and vegetation samples, fingerprints, palmprints, shoe prints or tool marks ( so-called impression evidence), hair, medicines and drugs etc.
Discovering physical evidence starts with observing the scene of crime with the naked eye and with the usage of special technical means and testing procedures. Main peculiarities of search strategies lie in their uniqueness and flexibility. A search strategy depends on the type of crime scene and evidence, which we are looking for. After an evidence was discovered, it needs to be recovered with the help of special methods (e.g., cotton tips, adhesive tape), documented, packed and labeled. Adequate packaging preserves psychical evidence from being altered or contaminated during transportation. An important activity at this stage is selecting evidence. However, it may be more efficient to collect more evidence at the stage of crime scene investigation and deal with selecting proper evidence at further stages, as pre-mature selecting may result in important evidence’s non-intentional destruction of crucial evidence.
Importance of abovementioned stage is called forth by the fact that failure to conduct thorough discovery, collection and packaging of items, which may constitute physical evidence can result in leaving important evidence non-recognized.
Furthermore, proper usage of recovery and packaging methods prevents evidence from alterations and contamination. Selection is necessary to avoid overburdening experts with items, whose irrelevance was not doubted at the stage of crime scene investigation.
Transportation, Storage and Providing items for Laboratory Analysis
A crucial part of crime scene investigator’s job lies in ensuring such conditions of physical evidence’s collection, recovering, transportation and storage, which will ensure absence of alterations, which may exerted a negative impact on evidence’s laboratory analysis. According to UN Office on Drugs and Crime (2009), timeline, costs, distance, and the occasions of incompatibility between evidence and particular types of transportation are aspects to be considered when choosing the means of transportation and the way to store evidence. The last phase of crime scene investigator’s work lies in submitting items to laboratories for analysis. In some cases items may be first submitted to investigator, who will himself determine relevant expert examinations, prepare relevant documentation and submit items for examination. Discussed activities must be conducted in the manner, which prioritizes preserving identity and integrity of evidence, avoiding any type of alteration in items and protection against unauthorized access during transportation and storage phases.
The work of crime scene investigator can continue after submission of evidence with respect to him exercising such functions as providing advice on scientific matters and preparing of statements and giving evidence in court
Conclusion
Having investigated the way crime scene investigation is conducted , we can draw relevant conclusions. Firstly, it is worth mentioning that crime scene investigation is crucial in terms of effective investigation. Secondly, particular attention should be paid to studying legal, ethical, health and safety concerns related to conducting crime scene investigation. The activities of crime scene investigator should be based on the principles of due diligence, integrity, open-mindedness and impartiality. Failure to ensure relevant consideration may result in serious consequences, able to exert negative impact on the outcomes of investigation. Before starting on-site discovery of evidence, a range of steps should be taken. They are connected with proper planning, organization and coordination of efforts, conducting preliminary assessment of the site, starting documenting crime scene investigation and preserving the scene. The core activity of crime scene investigator lies in discovering, recovering and packaging physical evidence. Thereafter he ensures transportation, storage and submission of items to laboratories. All the stages of crime scene investigation aim at discovering and preserving as much relevant evidence as possible, avoiding alterations or contamination of evidence and unauthorized access. The activities of crime scene investigator may also include providing scientific advice and testimony in courts.
References
Berlin, M.(2011). Crime scene searches and the Fourth Amendment. Investigative sciences journal, Vol. 3 (2), 4-22
Dutelle, A. (2013). An introduction to crime scene investigation. Burlington: Jones & Bartlett Publishers
Holden, H., (2006).To be a crime scene investigator. Strandon: Zenith Publishing Group Ltd.
Mincey v. Arizona, 437 U.S. 385 (1978)
Orthmann,C., Hess, K.(2012).Criminal investigation. NY: Cengage Learning
Pepper, I. (2010).Crime scene investigation: methods and procedures. Berkshire: McGraw-Hill International
UN Office on Drugs and Crime (2009).Crime scene and physical evidence awareness for non –forensic personnel. NY: Laboratory and scientific section
U.S. Const. amend. XIV
