Analysis Of Evidence
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What is Evidence?
Can be defined as information that is given in a legal investigation, to make a fact or propositions more or less likely.
What are the key forms of evidence in court?
Testimonial, documentary and physical, digital, demonstrative
What is testimonial evidence?
refers to eyewitness statements made under oath or affirmations
What is a competent witness ?
A witness who gives facts about that case as they have the mental capacity to understand the question put to them.
What should competency not be confused with?
Credibility and reliability
What are the factors affecting eyewitness testimonies?
Weapon focus, internal factors (stress), external factors (leading questions), post event factors (new information)
What are the things to consider about eyewitness testimonies?
-type of crime -how witness saw it -interviewing techniques used -time lapse between incident and testimony -has the witness already identified the suspect or a diffferent individual -relationship
What is documentary evidence?
Any document produced for the inspection by the court as evidence of its contents. It could also be any evidence that contains a record of some kind and builds up the documentation of the events leading to the crime often presented during the trials
What are examples of documentary evidence
Diaries,letters,contracts and newspapers
What is physical evidence?
Any material item that would be present at the crime scene, on the victim or found in a suspects possession
What form can physical evidence be in?
Any form such as small, large, microscopic or odour
When does the role of the forensic science begin ?
Begins at the crime scene
What is meant by a crime scene ?
Any location that is searched for physical evidence
Do all crimes have a crime scene ?
Yes
How many crime scenes can an incident have ?
Multiple
What is the order of events for forensic science in a criminal investigation ?
-recovery and continuity of evidence -laboratory work on physical evidence -interpretation and evaluation of evidence and presentation of findings in court
Who sends evidence for analysis in a lab ?
Soco’s
in what form is forensic evidence presented in court ?
Expert witness document
What is continuity of evidence ?
chronology of who have been responsible for its safekeeping and appropriate handing (chain of custody)
What measures are taken to prevent tampering of evidence ?
-tamper-evident seals on evidence packaging -dedicated secure evidence storage facilities -secure contemporaneous note taking -uninterrupted chain of custody -minimizing the number of people in the chain of custody
What measures are taken to prevent accidental contamination of evidence ?
-SOPs that incorporate anti-contamination measures: -the isolation of bulk and trace evidence -the use of PPE -the decontamination of surfaces between samples -isolation of samples between victims and suspects -re-packaging every samples as soon as it has been analyzed
What measures are taken to prevent deterioration ?
-appropriate packaging and storage -assiduous logging and note taking
When would evidence be deemed inadmissible ?
If continuity of evidence cannot be adequately demonstrated, as the loss of its integrity cannot be ruled out
What is evidential value ?
How useful an item is in telling us something