Abstract
A science forensic investigator has an important role in the criminal justice system. The forensic investigator will be on call to examine a crime scene and properly collect evidence. The investigator may talk to witnesses and obtain any important information that will help in solving the case. In order for the investigator to do the job adequately, and sufficiently they have to follow certain guidelines and rules when collecting evidence to present in court. The rules that are set in place for law enforcement and investigators have been obtained from within the United States Constitution. If a forensic investigator does not follow the laws of the Constitution when conducting a crime scene; then the evidence could be compromised. If the evidence is considered tainted, then it may not be held up in court. The rules of the Constitution will be examined to conclude what will hinder a forensic investigation, and what grounds this will cause in a court of law. The consequences can be fatal in regards to a crime scene, and court hearing. Many things will be at stake if the evidence is not handled properly, and preserved for the criminal court proceedings. The challenges the Constitution can offer to forensic investigators when preforming their job can be complicated if the rules are not expressed appropriately. When this occurs the end result can be devastating for all parties involved in the case.
In the criminal justice system, there are many different departments that have responsibilities to follow in regards to crime scene cases. One of the departments that are responsible for collecting evidence and investigation a crime scene is a forensic investigator. The job of a forensic investigator is critical in obtaining, collecting, and preserving the evidence in a manner that does not conflict with the United States Constitution
The Constitution rules explain how citizens should be treated throughout an investigation. If the rules are not followed, people rights will be violated. This is against the belief of the Constitution, and should not happen. Forensic Investigators should know the laws of the Constitution, and be able to maintain those laws when examining a crime scene.
One rule in the Constitution that can hinder a forensic investigators crime scene examination is included in the Fourth Amendment. “In this Amendment the search and seizure clause relates to the rights people have of their belongings, and it discusses the proper procedure that is needed to not violate a persons’ rights” . This rule can hinder a forensic investigator in regards to collecting evidence and confiscating computers at a crime scene. The investigator will need to make sure the evidence being taken will help the case, and is not being taken without a purpose. A reason for the evidence that is collected at a crime scene is to help solve the case, and evidence that has no worth in the investigation does not need to be taken.
The Fourth Amendment was written in the United State Constitution to protect people against the unlawful seizures and searches of peoples’ belongings, and materials. In a crime scene investigation, this is critical as to what evidence is needed, and should be seized. Property that is seized at a crime scene should only be done because it relates to the case. “When a persons’ possessions are removed without cause or reason, it would be considered an unlawful seizure “Horner, 2015) When this situation occurs,’rights would have been violated under the Fourth Amendment clause of the United States Constitution.
The forensic investigator could be held accountable for violating the rights of the individual, and consequences could occur. It could also hinder the whole investigation, and crime scene case in regards to solving it. Evidence that had been obtained could not be allowed in court because it was not obtained the proper way in regards to the Constitution.
The second rule that could jeopardize a forensic investigators crime scene is the Fifth Amendment. This Amendment protects people from incriminating themselves in an investigation. The Amendment also protects people from items being seized without a reason or purpose. When an investigator is questioning witnesses’ and suspects the Fifth Amendment needs to be considered. A forensic investigator should be properly trained on what types of questions to ask a suspect or witness. The investigator should not arrange questions and answer that would intentionally make the person guilty of a crime. The same scenario falls back to the Fourth Amendment of search and seizure. Material or property should not be taken that serves no purpose and could cause the individual to incriminate himself.
The Fifth Amendment allows a person to not testify in the court of law. No one can make the person testify if they claim their fifth amendment’s rights. “This is also known as pleading the fifth in court” . This rule also relates to the statements that the witnesses are giving the investigator. The statements are not to be structured in a way that would not make someone appear guilty. It is important for people to know their rights when being ask questions about a crime scene. People could word their statements in a way that would sound incriminating even if they were not guilty of anything If a statement is taken and a person self-incriminates themselves then it would violate their rights, and cause legal issues for the individual.
Forensic investigators should be cautious when examining evidence, and collecting technical devices for obtaining information about a criminal case. There are certain lines that should not be crossed when evaluating or analyzing computer devices. A PC or other electronic device should only be examined when the cause will assist with the solving of a crime.
The electronics should not be taken and evaluated if there is not a purpose for the material located on it. If a forensic investigator had taken an electronic device or examined, it without reason to do so then this would be violating the owners’ rights of the Fifth Amendment. If this happened and there was evidence that was criminal related but not for the current case, then that evidence would not be admissible. It could not be used against hat person in a court of law because it was obtained without cause, and therefore, was in violation of the Constitutional Rights.
If an electronic device is being analyzed or examined; the forensic investigator should have the knowledge and training to do so. The laws of the Constitution relates to handling of technical, and electronic material, and if the rules are not followed then the investigator would be in violation of the Constitution. The penalty for this type of violations is based on a Federal Level, and can be a serious sentence. The investigators need to know all of these rules to protect themselves, and the crime scene they are examining and investigating.
The investigators who are processing a crime scene should be aware of the proper procedures for handling, analyzing, and preparing the evidence to submit to the court system. If a piece of evidence is not carefully packaged, sealed, and processed, then the case could be jeopardized and the evidence may not be admissible. The procedure if not followed precisely could contaminate the evidence, and cause it to be not good. When this happens the complete case that had been built would be destroyed. Every piece of information a forensic investigator gathers needs to be handled securely, professionally, and within the scope of the Constitution.
A forensic investigator should be thoughtful of the Saint Leo Core Value of Integrity when they are working an investigation of a crime scene. “Their integrity is an important dynamic in their beliefs of humanity. Integrity is practiced by acted with honesty, consistency, and fairness” . This needs to be followed in the profession of a Forensic Science Investigator.
When these values are followed there is less of a chance to have flaws and violations of the Constitution.
“The value of integrity also states that everyone needs to live their mission and follow on their promise” . These are inspirational words for a forensic investigator to follow when working on a crime scene. The words relate to working towards solving that case, and don’t give up or break a promise in solving that case. As long as the forensic science investigator can focus on the mission of conclusion, follow the laws of the Constitution, and maintain positive evidence; the end result should be focused on keeping that promise. With an important position in the criminal justice field, it is critical that there are no flaws in an investigation. When one flaw or violation occurs the case may not stand up in the court of law.
In an investigator role, it is very important to think and follow the Saint Leo core value of integrity. This type of position is not for everyone in the criminal justice field. It takes a person to have knowledge, passion, and attention to detail to work that type of position. With those skills, and the core value of integrity being performed a good forensic science investigator will shine. The knowledge of the Constitutional Amendments, and how they are related to that position is also important on every crime scene.
Reference
Adams, M. D. (2015). First Florida Catholic University. Retrieved from Saint Leo University: http://www.saintleo.edu/about/florida-catholic-university.aspx
Adams, M. D. (2016). Core Values at Saint Leo University: Florida's First Catholic University Retrieved from Saint Leo Core Values: http://www.saintleolions.com/about/corevalues/index
Farmer, D. (2008). Computer Forensics. Retrieved from Forensic Recovery: https://www.us-cert.gov/sites/default/files/publications/forensics.pdf
House, W. (2015). The Constitution. Retrieved from The White House: https://www.whitehouse.gov/1600/constitution
Incrimination, S. (2016). Self-Incrimination. Retrieved from Self-Incrimination: http://www.selfincrimination.org/
