Cases of inappropriately handled evidence are of common occurrence. The custodians of evidence in law enforcement agencies are often to blame for the mishandling, misplacing, loss, and destruction of evidence. Sometimes, the custodians do not take the appropriate care of their property rooms. Consequently, problems arise from the lack of accountability for evidence from the initial process of evidence collection through to the documentation process. Hence, it is crucial to document as many details as possible to avoid scrutiny of evidence during the trial process.
Evidence Collection
Collecting evidence in a systematic and careful sequence is crucial. The initial step in the process is the crime scene survey. The next step involves the determination of the best way to document evidence (Fisher& Lab, 2010). It is important to use the right type of equipment to collect evidence. Investigators should use sterile equipment that comes into contact with evidence. Some of the material used in evidence collection include latex gloves, tweezers, paper bags, and hand tools among others. Factors determining the sequence of evidence collection include the location of the scene, the evidence condition, considerations on scene management, the weather, additional processing requirements, and methods of collection.
The best method for the collection of dried or liquid biological evidence is the swabbing process. In the case of dried evidence, the investigator should ensure that they wear gloves. They should then moisten the swab with adequate water. Next, they should rub the stained area thoroughly with the moistened swab while making sure to concentrate as much of the stain on the tip of the moistened area. The investigator should place the swab out to dry and ensure to package each swab separately in a paper or envelope. Finally, the investigator should collect a control sample in the same procedure and store it in a paper or envelope.
In the case of liquid evidence, on the detection of evidence on a cloth or an absorbent material, it should be transported to the laboratory in a proper container. It is crucial to avoid any possible chances of contamination using paper wraps (Bevel & Gardner, 2008). Never fold the wet material over itself. On reaching the evidence room, the wet material should be air dried and stored in the dried material storage space. If the evidence is on a nontransferable surface, the evidence collector should have a swab to get as much of the evidence as possible with the use of gloved hands. They should ensure to obtain as many samples as possible. Each swab should be air dried and packaged in an appropriate container.
Documentation
The evidence should be documented and inventoried before it leaves the crime scene to ensure that it is not lost or contaminated. Each proof material should be marked in its proper paper or envelope. The collector should ensure to mark the paper or envelope outside to avoid destroying evidence (Pfefferli, 2015). Details to indicate on the paper or the envelope include the number of the case, the date of its recovery, the number of the item, and the initials of the investigator. The labeling should follow the investigating department's labeling protocol. The documented papers and envelopes should be sealed with an evidence tape approved by the agency. The seal usually contains the initials of the investigator and the date on which it was sealed.
The documentation process is the most important aspect of any investigation. The public undermines the justice system's ability to make decisions in criminal and civil proceedings if the evidence cannot be trusted (Wallace, Cunningham &Boggiano, 2015). The evidence is crucial to jurors and judges because it assists them to make a decision on a case. Therefore, it is important to ensure the proper preservation, processing, storage, and tracking of evidence. The evidence should be properly stored until the time it is required in court, or it is needed for forensics. The evidence includes or excludes a person from a crime scene (Fisher & Fisher, 2012). The custodians of evidence need to package and label evidence appropriately so that they can easily locate the evidence when it is required. Hence, the need to follow certain laid out procedures to ensure the optimal preservation of evidence.
The next step is the establishment of the chain of custody in the documentation process. The document contains detailed notes about the point of collection of evidence (Chisum&Turvey, 2011). The investigator first establishes the chain of custody when they initially take the evidence at the scene of the crime. The establishment of the chain of custody involves the taking of notes, the collection, the preservation, marking, and packaging of evidence, the sealing of evidence, the creation of a list of inventory, and the preparation of the chain-of-custody documents.
Before submitting evidence to a crime, laboratory evidence is transferred to a property room. In the property room, the investigator uses a secure electronic transfer to move all evidence. The information necessary includes the details of the officer who recovered the evidence, the evidence type, and the case number. In reporting of the evidence, the agency can use scene activities as reported by investigators or a laboratory examination. These reports have to undergo review, and then submitted to the prosecutor of the case and the agency involved.
References
Bevel, T., & Gardner, R. M. (2008). Bloodstain pattern analysis with an introduction to crime scene reconstruction. New York: CRC Press.
Chisum, W. J., &Turvey, B. E. (2011). Crime Reconstruction.Burlington: Elsevier Science.
Dolinak, D., Matshes, E. W., & Lew, E. O. (2005). Forensic pathology: Principles and practice. Amsterdam: Elsevier Academic Press.
Fisher, B. A., & Fisher, D. R. (2012). Techniques of crime scene investigation.New York: CRC Press.
Fisher, B., & Lab, S. P. (2010). Encyclopedia of victimology and crime prevention.Thousand Oaks, Calif: SAGE Publications.
Icove, D. J., D DE HAAN, J. O. H. N., & Haynes, G. A. (2012). Forensic fire scene reconstruction.Pearson Higher Ed.
Pfefferli, P. (2015). Forensic evidence field guide: A collection of best practices.Oxford: Academic Press.
Wallace, E. W., Cunningham, M. J., &Boggiano, D. (2015). Crime Scene Unit Management: A Path Forward.New York: Routledge.
