Week 8 Scene Processing (Lecture) PDF

CSFI - Week 8 – Lecture Scene Processing Part 2 Module Coordinator – Dr Deborah Ryder [email protected] SESSION AIMS To discuss the process of recording the scene via contemporaneous notes To consider the value of evidence and best practice in approaches to recovering evide...

CSFI - Week 8 – Lecture Scene Processing Part 2 Module Coordinator – Dr Deborah Ryder [email protected] SESSION AIMS To discuss the process of recording the scene via contemporaneous notes To consider the value of evidence and best practice in approaches to recovering evidence SCENE PROCESSING First Scene Exam & Document & Assessment RA & CM response Parameters Search Recover Preserve life and Scene Assessment Scene recording limb Start of planning Forensic examination and First indications of what examination (strategy) associated searches may have happened Identify scene parameters Risk assessment and Scene security and Documentation and Contamination matrix protection recovery Dynamic processes RECORDING CRIME SCENES Dynamic process undertaken throughout the examination METHODS? WHEN? WHY? CONTEMPORANEOUS SCENE NOTES The process of recording crime scenes involves a number of methods including photography and sketching. Scene notes, however, are essential at every scene. THEY MUST BE CONTEMPORANEOUS (MADE AT THE TIME) THEY MUST NOT BE REWRITTEN LATER (ALL NOTES MUST BE ORIGINAL) WHY?  ESSENTIAL MOODLE PRE- WORK FOR NEXT WEEK Suggestion: Print a copy of the guidance and bring to workshops to use as an aide  LEGISLATION AND SCENE NOTES Criminal Procedure and Investigations Act (CPIA) 1996 S9 Criminal Justice Act 1967 The Criminal Procedure Rules All related to disclosure, statement writing and presenting evidence in court LEGISLATION AND SCENE NOTES – EXAMPLES Part 16.3 of the CrimPR is worded as follows. “16.3. Where the statement refers to a document or object as an exhibit, it must identify that document or object clearly.” (FSR, 2020) How can this be achieved? What needs to be completed? Scene notes Exhibit lists Exhibit labels LEGISLATION AND SCENE NOTES – EXAMPLES “The admissibility of evidence is linked to its relevance …….It follows that it can only be relevant and admissible if there is a chain of continuity………It is therefore common practice for witnesses to state, in the statement, the date on which they took control of the exhibits and the source of those exhibits” (FSR, 2020) - How can this be achieved? What needs to be completed? Detailed scene notes with dates and times Exhibit labels with complete descriptions, dates and times Exhibit lists with complete descriptions CONTEMPORANEOUS SCENE NOTES Different methods: Form completion, note taking or digitised methods Required content of the notes is the same We still need to handwrite exhibit labels MISTAKES MUST BE READABLE WITH ONE LINE DRAWN THROUGH AND SIGNED CONTEMPORANEOUS SCENE NOTES What is the purpose of these scene notes? Does anyone else need to read these notes? What will these notes be used for?  CONTEMPORANEOUS SCENE NOTES As well as briefing colleagues, the notes also form the basis of any laboratory submissions, and any statement(s) that the CSI may be required to produce for court at a later date. It may be many weeks, months or even years between the scene examination and the request for a statement, and so the CSI relies on these notes to recall the examination and produce the court statement. WHY DO THEY NOT JUST RELY ON PHOTOGRAPHS TO JOG THEIR MEMORIES? SCENE NOTES- CONTENT The address of the examination The start and end times of the examination A description of the location and of the scene Observations made (visible relevant details) Apparent M.O (when applicable) Any actions undertaken by the CSI and any items recovered The areas of the scene examined Reasons why any areas are not examined Parameters of search and examination strategy MODUS OPERANDI What is this and why is it important to record? What type of MO features might we encounter in - A burglary? - A murder? SCENE NOTES- CONTENT Each CSI will follow a pattern of initial questions to ascertain details and create an assessment prior to examination: The information gathered from questions is integrated into the notes It should not be a verbatim transcript of a conversation The notes must be accurate, clear and concise They must be logical and chronological We will discuss communication in more detail in a future session (Wk 10 with Dr Helen Earwaker)  SCENE NOTES- EXHIBIT LISTS RECAP The detail required in exhibit lists and labels is very important. Every workshop will include producing exhibit lists and labels Please keep your exhibit list and bring to every session as this forms part of Artefact Two Every exhibit should be listed on the exhibit list: Exhibit reference (Initials of the CSI followed by a sequential number) Exhibit description Exhibit type Exhibit location within the scene SCENE NOTES- EXHIBIT LISTS - EXAMPLE First exhibit at the scene would be the scene photographs: Exhibit reference: DLR/1 Exhibit description: Scene photographs Exhibit type: Digital file of photographs Exhibit location within the scene: Entire scene and exhibits at multiple locations Second exhibit: Exhibit reference: DLR/2 Exhibit description: Fingermark recovered from broken window frame Exhibit type: Fingermark Exhibit location within the scene: Interior window frame from the front window next to front door Third exhibit… DLR/3  SCENE NOTES- EXHIBIT LABELS RECAP The essential information that MUST be included on all labels includes; Exhibit reference; Exhibit description; Date of recovery; Address of examination; Printed name of person seizing and their signature The exhibit label for the item should be EXACTLY the same, word for word as the exhibit list - WHY? If the list and label differ in anyway this will cause discrepancies in laboratory submission paperwork (likely resulting in the item being rejected by the lab) and also in statements likely resulting in significant cross examination in court and possibility of item being inadmissible SCENE NOTES RECAP Risk assessments – include mitigation and measures Location details Observations Information gathered Examination details Actions Evidence Sketches ANY QUESTIONS? TAKE A BREAK SCENE EXAMINATION AND RECORDING Let us consider how to conduct a logical scene examination and therefore a logical set of scene notes On the following slide is a plan image of a scene: - How many zones would you divide this scene into for examination? - Where are these different zones located? - What order would you examine the scene in (order of zones) EXAMPLE OF ZONES Point of entry – Terrace window Point of exit – Front door Rooms entered – Lounge, second bedroom, front hall SCENE EXAMINATION AND RECORDING Our scene notes should reflect the chronology of our scene examination They should be added to as we observe, plan and examine a particular area Subsequently they are logically ordered EVIDENCE COLLECTION Vulnerable evidence Examinations of vulnerable areas Those that need to be used to move around the scene – THINK FOOTWEAR! Usually exterior – interior –WHY DO YOU THINK THIS IS? May need to start with methods that take time – i.e. footwear casting Logical sequence – for example room by room in a house – Create ‘zones’ (Pepper, 2010) After vulnerable evidence Methodical exam within each room Remember to search – Things must be moved! What lies beneath???? WHAT IS VULNERABLE EVIDENCE? CONSIDER MOVEMENT AND ACTIVITIES OF OFFENDER Where have they entered? How would they move through the scene? How did they exit? What might they have touched? QUESTION THE ITEM WHAT is the item/material? WHAT role has it played in the event(s)? HOW does it relate to other items in the scene – has it interacted? WHAT does it tell us about the timings and sequences of the event(s) PROBATIVE VALUE We have already introduced ourselves to this term earlier in the module but because You will be hearing and using this term frequently let us recap what does it mean? “what evidence is most likely to contribute to determining what happened and identify the guilty offenders” Legitimate Location – i.e (Smith & Bond, 2015,. access interior/exterior P104) Various factors can contribute to the probative value of an item/piece of evidence Likelihood of Mobility of object progressing the case PROBATIVE VALUE ACTIVITY - Burglary - Spot of blood inside broken window – DNA Burglary - Cigarette end on pavement outside burgled house – DNA Criminal damage to vehicle, wing mirror pulled off – Mark on mirror glass – FINGERMARK Stolen vehicle – Mark on rear view Mirror glass – FINGERMARK Burglary – Mark on exterior of rear door – FINGERMARK Burglary – Mark on exterior of front door – FINGERMARK tDNA – Bruises of murder victim unknown suspect – DNA tDNA – Bruises of murder victim, partner suspect - DNA  WHAT ARE WE NOT? WE ARE NOT WOMBLES “CSE’s should not blindly consider all items at the scene but try to make decisions about which material is more relevant to the crime under investigation and which also provide the most probative value” (Williams, 2015, p.310)  REMEMBER…… You must ask pertinent questions to ensure you are examining/seizing items of relevance You must ask permission to use fingerprint powders You must ask permission to take items away that belong in the premises – consider whether depriving the victim is outweighed by the possibility of recovering evidence with probative value You must not destroy anything or leave a mess – DO NOT drop your powder on the carpet QUESTIONS?  REFERENCES/FURTHER READING Forensic Science Regulator. (2020). Non-expert technical statement guidance. FSR-G-225 Issue 2. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/88 1551/Non_Expert_Statement_Guidance_Appendix_Issue_2.pdf Smith, L,. Bond, J. (2015). Criminal Justice and forensic science. Palgrave https://ebookcentral.proquest.com/lib/portsmouth-ebooks/detail.action?docID=4763537 pp89-92 Williams, A. (2015). Forensic Criminology. Routledge. https://ebookcentral.proquest.com/lib/portsmouth-ebooks/reader.action?docID=1826705#