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Forensic Evidence and Crime Scene Investigation Avens Publishing Group JInvi Forensicting Innova Investigationtions Open Access Review Article September 2013 Vol.:1, Issue:2 © All rights are reserved by Lee et al. Forensic Evidence and Crime Journal of Forensic Scene Investigation Investigation Introduction Henry C. Lee1* and Elaine M. Pagliaro2 Contemporary law enforcement has greatly expanded its ability 1Distinguished Professor, University of New Haven; Founder, Henry to solve crimes by the adoption of forensic techniques and procedures C. Lee Institute of Forensic Science, USA [1]. Today, crimes often can be solved by detailed examination of 2Henry C. Lee Institute, University of New Haven, USA the crime scene and analysis of forensic evidence [2]. The work of Address for Correspondence forensic scientists is not only crucial in criminal investigations and Henry C. Lee , Ph.D., Distinguished Professor, University of New Haven, prosecutions, but is also vital in civil litigations, major man-made Founder, Henry C. Lee Institute of Forensic Science, USA, Tel: 203-479- and natural disasters, and the investigation of global crimes. The 4594; Fax: 203-931-6074; E-mail: [email protected] success of the analysis of the forensic evidence is based upon a system Submission: 10 August 2013 that emphasizes teamwork, advanced investigative skills and tools Accepted: 11 September 2013 Published: 13 September 2013 (such as GPS positioning, cell phone tracking, video image analysis, artificial intelligence and data mining), and the ability to process a crime scene properly by recognizing, collecting and preserving all reconstruction of the crime scene [9]. Even in agencies where the relevant physical evidence [3]. crime scene tasks are assigned by levels, all personnel working a crime Recognition of physical evidence is a vital step in the process. If scene must be aware of the dynamic nature of a crime scene and the potential physical evidence is not recognized, collected or properly importance of linkage and hypothesis development. preserved and tested, the forensic value of the evidence may be greatly Crime scene investigation is based on scientific reasoning. reduced or even lost forever. Numerous routine and high profile That means that the investigation of the crime scene is systematic, cases have demonstrated the harsh reality that despite the availability methodical and logical. It begins with the initial response to a of current crime scene technologies, specialized equipment, and crime scene and continues through the scene security, the crime sophisticated forensic laboratory analysis, the effective utilization of scene documentation, the recognition of physical evidence, the physical evidence in crime solving is only as good as the knowledge enhancement of patterns, the physical evidence collection, packaging and integrity of the crime scene personnel1 and the objective legal and preservation, the physical evidence examination, the crime scene system that supports those functions [4]. In some cases, evidence has analysis and profile, and ultimately concludes at the crime scene been falsified or results tainted, misleading the justice system 5[ ,6]. reconstruction [9]. Furthermore, systematic crime scene investigation is based not only on the principles of the Locard Transfer Theory2, but Scientific Crime Scene Investigation also the Linkage Principle3 [9] as shown in Figure 1. The utilization of Currently, most of the textbooks in the field limit the crime scientific knowledge in conjunction with the forensic techniques of scene investigation to the documentation of the crime scene and physical evidence examination will generate investigative leads, and the subsequent collection and packaging of the physical evidence. thus ultimately solve the crime. Those who work the crime scene have unfortunately been labeled Physical evidence obtained from the crime scene or other “crime scene technicians,” and often are only involved in the crime segments of the investigation is often the cornerstone upon which scene security, documentation of the crime scene and the collection the successful outcome of the case is dependent. Yet, many cases are and preservation of the physical evidence from the crime scene [7]. never solved or prosecuted due to the lack of physical evidence [10]. Documentation of the crime scene and the collection of physical On the other hand, some innocent people are arrested and prosecuted evidence are important aspects of the crime scene investigation and, because of witness misidentification or the misuse of forensic evidence certainly, must be properly performed. The completion of these [11]. While it is theoretically possible that a near perfect crime can be crime scene tasks is essential in maintaining the integrity of the committed in which the perpetrator was able to commit the crime, physical evidence and providing the final outcome of the criminal leaving minimal evidence, it is more likely that the critical evidence investigation. However, these activities are purely mechanical was never recognized or found. Many investigators have obtained the tasks and any individual with minimal training can perform these necessary expertise to document, collect and preserve various types tasks with moderate precision [8]. While these tasks are extremely of physical evidence. However, the presumed simple task of finding important, they have a limited direct value on the solution of a crime. the critical evidence can often be the failure point of the crime scene Scientific crime scene investigation is a process that not only investigation. includes the above mechanical aspects of scene security, crime scene 2 Edmund Locard (1877-1966) was a French criminologist who established the documentation, and physical evidence collection and preservation, first police crime lab. Locard’s Transfer Theory states that the contact between but also demands and expects more dynamic approaches such as two entities results in a mutual exchange of materials, which can be identified and scene survey, scene analysis, development of hypotheses through analyzed by the forensic scientist. the linkage of the scene, physical evidence and persons, and the 3 Linkage is a connection, relationship or association between objects and /or persons. The “linkage theory explains the interrelations between a crime scene, a victim, a suspect and physical evidence. Understanding and appreciating these 1 See CSI ON TRIAL where a false confession and faked evidence by a connections between these components will provide guidance in determining seasoned crime scene investigator are addressed in a double homicide case in where evidence may be located and the need to identify evidence so that the Nebraska. (Available at http://netnebraska.org/basic-page/television/csi-trial-0.) linkages may be established.” Citation: Lee HC, Pagliaro EM. Forensic Evidence and Crime Scene Investigation. J Forensic Investigation. 2013;1(1): 5. Citation: Lee HC, Pagliaro EM. Forensic Evidence and Crime Scene Investigation. J Forensic Investigation. 2013;1(1): 5. ISSN: 2330-0396 7. The activity (e.g. active, passive scenes); and 8. The size of the crime scene (e.g. universal, macroscopic, microscopic scene). This appears relatively simple. However, sometimes it is not a clear cut process in a complex situation. While sometimes useful to focus on significant evidence, crime scene personnel should understand these classification systems and how to develop multiple alternate hypotheses based on experience and observation. It is important to keep in mind that there is no single classification method that will satisfy all the elements of the crime scene and its investigation. It is Locard Exchange 4-Way Linkage essential that crime scene investigators develop the ability to utilize Figure 1: Transfer Theory in Forensic Science. their analytical skills and logical approaches to make an initial determination regarding the number and types of crime scenes that One common practice is to collect everything that could be, in were involved in the commission of the crime. Finding the exact, any possible manner, construed as evidentiary in nature [12]. This precise boundaries of a crime scene may be difficult, and may require sort of practice is not only a waste of time and resources, but could adjustments after the initial observations. potentially cause legal and investigative issues; if every object at a Once a crime scene has been defined and a “boundary” has been scene is collected and submitted to the forensic laboratory for further established, the crime scene(s) should be secured and processed analysis, the forensic facility will be overwhelmed, and it is more likely accordingly. Any actions taken at the crime scene should meet all the that some of the evidence collected will have no probative value [9]. legal and scientific standards and requirements. Once the locations Examination of materials unrelated to the incident may also provide are determined, the proper sequence of events of the crime can be “false leads” which will waste valuable resources and may lead to the established, and thus the physical evidence from each of the scenes arrest of the wrong person. On the other hand, the identification of can be successfully recognized [13]. The crime scene investigation evidence that has so-called “probative value” (evidence that is proof and the forensic process will thus begin. of or has a tendency to prove a fact at issue) is sometimes the focus of some crime scene analysts. Care should be taken when using this Physical Evidence
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