Crime Scene Investigation (2014) PDF

Crime Scene Investigation  Crime Scene Investigation Third Edition Jacqueline T. Fish Larry S. Miller...

Crime Scene Investigation  Crime Scene Investigation Third Edition Jacqueline T. Fish Larry S. Miller Michael C. Braswell Edward W. Wallace Jr. AMSTERDAM G BOSTON G HEIDELBERG G LONDON NEW YORK G OXFORD G PARIS G SAN DIEGO SAN FRANCISCO G SINGAPORE G SYDNEY G TOKYO Anderson Publishing is an imprint of Elsevier Anderson Publishing is an imprint of Elsevier The Boulevard, Langford Lane, Kidlington, Oxford, OX5 1GB, UK 225 Wyman Street, Waltham, MA 02451, USA Copyright r 2014 Elsevier Inc. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage and retrieval system, without permission in writing from the publisher. Details on how to seek permission, further information about the Publisher’s permissions policies and our arrangement with organizations such as the Copyright Clearance Center and the Copyright Licensing Agency, can be found at our website: www.elsevier.com/permissions This book and the individual contributions contained in it are protected under copyright by the Publisher (other than as may be noted herein). Notices Knowledge and best practice in this field are constantly changing. As new research and experience broaden our understanding, changes in research methods, professional practices, or medical treatment may become necessary. Practitioners and researchers must always rely on their own experience and knowledge in evaluating and using any information, methods, compounds, or experiments described herein. In using such information or methods they should be mindful of their own safety and the safety of others, including parties for whom they have a professional responsibility. To the fullest extent of the law, neither the Publisher nor the authors, contributors, or editors, assume any liability for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any methods, products, instructions, or ideas contained in the material herein. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data A catalog record for this book is available from the Library of Congress ISBN: 978-1-4557-7540-8 For information on all Anderson Publishing publications visit our website at store.elsevier.com This book has been manufactured using Print On Demand technology. Dedication To all the CSIs, evidence techs, investigators, and students who are committed to crime scene investigation and processing, we owe you a debt of gratitude. You are indeed preserving the scenes where victims can no longer provide testimony; you are the voice of the victims, the experts who identify, collect, and preserve physical evidence and present it to our courts in order for justice to prevail. Thank you for your service and your commitment to life-long learn- ing as technologies advance. This third edition is dedicated to your service. Thank you for your perseverance. Jacqueline T. Fish Larry S. Miller Michael C. Braswell Edward W. Wallace Jr v Acknowledgments We owe so much appreciation to the many contributors to this book; they have worked decades upon decades to discover the techniques that are contained in this volume. It is a massive task to bring all that expertise from across the nation into one textbook that is used by many universities and organizations to educate the CSIs, evidence techs, and investigators of the future. We would be remiss if we did not mention the undying support each of us has received from our families as we worked to complete this third edi- tion of Crime Scene Investigation. So, to all our family members, we love you and will never forget those endless hours spent away from you while we compiled this book! Jackie Larry Mickey Ed xv Contributors Jeff Allen Fire Marshal, Irmo Fire District Jeff Allen joined the Irmo Fire District (South Carolina) and has accumulated more than 1,500 hours of training in the fire/arson investigation field, includ- ing courses at the National Fire Academy in Maryland and the FBI Academy in Quantico, Virginia. Serving in his current position as a police-certified fire marshal enables Allen to conduct full investigations from scene arrival to arrest and prosecution within his 27-square-mile jurisdiction. Allen teaches com- ponents of the two-week basic fire/arson investigation course to fire and police officers as offered through the SC State Academy and various other investigative and management classes throughout the United States when requested. He is a contributor to Chapter 9. William M. Bass, Ph.D. Forensic Anthropologist, The University of Tennessee (Emeritus) Bill Bass is a world-renowned forensic anthropologist and founder of the Outdoor Anthropological Research Facility (more commonly known as the “Body Farm”) at the University of Tennessee (UT) in Knoxville. For more than 40 years, Bass taught anthropology to students and law enforcement officers across the nation and around the world. Every state in the union employs forensic anthropologists who studied under the tutelage of Bass. As Professor Emeritus, Bass resides in Knoxville, and coauthored the Jefferson Bass series of books. He also teaches a Time Since Death seminar for the National Forensic Academy in Knoxville and was one of the first individuals honored as a Diplomat by the American Board of Forensic Anthropologists. His impact on the discipline of forensic anthropology is immense, as evi- denced by the existence of one of the largest modern skeletal collections in the world, which is housed in UT’s William Bass Skeletal Collection. Bass has xvii xviii Contributors played a prominent role in hundreds of death investigations including the Noble Georgia Crematory cremains investigation. In 2011, the William M. Bass Forensic Anthropology Building at The University of Tennessee was opened as the result of the many years of work and fundraising by Dr. Bass to provide stu- dents with state-of-the-art facilities. He is a contributor to Chapter 14. Diane Bodie Crime Scene Investigator, South Carolina Law Enforcement Division (retired) Diane Bodie is retired as a senior agent with the South Carolina Law Enforcement Division (SLED), where she was assigned as a crime scene investigator. Her career spans more than 35 years, including 6 years at the FBI and 26 years with SLED. She now works as an investigator for the Richland County Sheriff’s Office and serves as a national consultant and facilitator in the area of impression evidence and fingerprint classification. She collaborated with the National Center for Biomedical Research and Training on forensic course development and teaches for the Amber Alert program. Diane served as a member of the Disaster Mortuary Operational Response Team (DMORT) for several years. She is a contributor to Chapters 4 and 5. Arthur Bohanan Police Specialist, Knoxville Police Department (retired) Retired Police Specialist Arthur Bohanan has spent more than 45 years of his life dedicated to the study of impression evidence. His research and work focus on the physical characteristics of children’s fingerprints and how they differ from adult fingerprints and on the invention of a machine that aids in the development of fingerprints on the bodies of deceased victims. Bohanan began his career in the fingerprint unit at the FBI; then he became a police officer for 25 years at the Knoxville Police Department in Tennessee. He holds a patent to the CBC fingerprint device, and he currently teaches Amber Alert and criminal investigative techniques to law enforcement officers nationwide. Bohanan is certified by the International Association of Identification as a latent print exam- iner and senior crime scene analyst, and he devoted hundreds of hours working at Ground Zero while he was a member of the Disaster Mortuary Operational Response Team (DMORT) after the September 2001 attacks. He was also deployed to work in Louisiana after Hurricane Katrina devastated the area in 2005. Bohanan is currently working with Carson Newman College to establish another research facility to study the effects dead bodies have on the environ- ment. He is a contributor to Chapter 4.  Contributors xix Karen Berka Bruewer, M.S. Forensic Scientist and Consultant, KMB Forensics Karen Bruewer is a forensic scientist specializing in the examination of physical evidence and testing evidence for the presence of bodily fluids that can yield DNA samples for analysis. She worked for a number of years at the Indiana State Police Crime Laboratory and provided training to law enforcement officers across the country on DNA analysis. Bruewer was also a consultant for the University of Tennessee and assisted in the development of curricula that is being taught nationwide. Currently, she is the owner of KMB Forensics, a consulting firm, and teaches forensics at a local college in Van Wert, Ohio. She is a contributor to Chapter 6. James Claude Upshaw (“Jamie”) Downs, M.D. Forensic Pathologist Jamie Downs is coastal Georgia’s first regional medical examiner. He has been continuously employed as a medical examiner and consultant in foren- sic pathology since 1989 and was Alabama’s state forensics director and chief medical examiner from 1998 to 2002. Downs graduated from the University of Georgia in 1983. He completed Peace Officers Standards and Training at the Southwest Alabama Police Academy. He received his medical degree and residency training in anatomic and clinical pathology and his fellowship in forensic pathology from the Medical University of South Carolina. The latter included a rotation through the Metropolitan Dade County Florida (Miami) Medical Examiner Department and internship at the FBI’s Behavioral Sciences Unit in Quantico, Virginia. He is board certified in anatomic, clini- cal, and forensic pathology. Downs has lectured extensively in the field of forensic pathology and has presented at numerous national and international meetings in the fields of anatomic and forensic pathology. He is a consultant to the FBI Behavioral Science Unit in Quantico, Virginia, having authored four chapters in their manual on Managing Death Investigation, and was primary author of the FBI’s acclaimed Forensic Investigator’s Trauma Atlas. He has authored several books and chapters in the fields of forensic pathology and child abuse, and contributed to Chapter 13 of this book. Areas of special interest include child abuse and police use of force. He serves on the Forensic Committee of the International Association of Chiefs of Police, as well as the boards of the American Board of Medicolegal Death Investigators and Medical/Investigational Advisory Board of the Sudden Unexplained Death in Childhood Program. xx Contributors Jeff Fuller Bomb Technician (retired) Jeff Fuller is a graduate of the University of South Carolina who retired after 35 years of law enforcement service. Fuller received advanced bomb training with the FBI, ATF, Israel National Police, and British Ministry of Defense. For 20 years, he worked as a Bomb Technician at the South Carolina Law Enforcement Division (SLED) and retired at the rank of Lieutenant while serving as commander of SLED’s nationally recognized bomb squad. As Chairman of the National Bomb Squad Commanders Advisory Board, Fuller worked closely with the FBI and the FBI Bomb Data Center in certify- ing bomb technicians, accrediting bomb squads, and setting standards for all the bomb squads in the United States. Fuller is now a consultant, specializ- ing in IEDs, Civil War Ordnance, and corporate security issues. He is a con- tributor to Chapter 9. Heidi H. Harralson, M.A., D-BFDE, CDE Forensic Document Examiner Heidi Harralson is a board-certified forensic document examiner through the Board of Forensic Document Examiners (Diplomate) and the National Association of Document Examiners (CDE). She is also a certified grapholo- gist through the American Handwriting Analysis Foundation. She has been a certified handwriting expert since 1994. She has testified in both civil and criminal cases in the United States and internationally. She has degrees in the behavioral sciences, handwriting science, and forensic document exami- nation and a certificate as a forensic/crime scene technician. She is a pub- lished author and has conducted original research on the ink chemistry of gel pens, graphic disturbance, and motor control disorders and forgery. She is the author of Developments in Handwriting and Signature Identification in the Digital Age, published by Anderson Publishing. She is a contributor to Chapter 11. Jimmie Hester Tennessee Highway Patrol (retired) Jimmie Hester was the special agent in charge of the Criminal Investigation Division of the Tennessee Highway Patrol. He retired from his 33-year law enforcement career in August 2005, and is currently working as the law  Contributors xxi enforcement liaison for Tennessee LoJack Corporation. Hester led the development of the Auto Theft Division for the Tennessee Highway Patrol and over the years has investigated thousands of criminal cases involving vehicles, heavy equipment, chop shops, interstate property thefts, and other related crimes. He has lectured and taught for numerous national and regional train- ing academies as well as state and federal agencies and authored the Trailer Identification Manual distributed nationwide to law enforcement agencies. Together with Patricia Hester, he presents training seminars to agencies and professional organizations nationwide. Hester and Hester are adjunct instruc- tors for the National Forensic Academy at the University of Tennessee and have trained hundreds of criminal investigators on crime scene investigation, interview and interrogation, and crime related to vehicles and cargo trailers. He is a contributor to Chapter 12. Patricia Hester Tennessee Highway Patrol (retired) Patricia Hester retired from the Tennessee Highway Patrol and has been instru- mental in developing and delivering training across the United States for motor vehicle law enforcement officers. She specializes in vehicle identification and recovery, odometer fraud, title and driver’s license fraud, and vehicle homicide. She has 27 years of experience in the Criminal Investigations Division and is past president of the International Association of Auto Theft Investigators. Together with Jimmie Hester, she presents training seminars to agencies and professional organizations nationwide. Hester and Hester are adjunct instruc- tors for the National Forensic Academy at the University of Tennessee and have trained hundreds of criminal investigators on crime scene investigation, interview and interrogation, and crime related to vehicles and cargo trailers. She is a contributor to Chapter 12. Rusty Horton South Carolina Farm Bureau Insurance Company’s Special Investigations Unit Rusty Horton is the field supervisor for the South Carolina Farm Bureau Insurance Company’s Special Investigations Unit (SIU). During his tenure with the Farm Bureau, Horton has specialized in the area of fire origin and cause investigations. Horton has 25 years of experience in the fire investiga- tion field, conducting both public and private sector fire investigations. He holds designations as an IAAI Certified Fire Investigator and a NAFI Certified xxii Contributors Fire and Explosions Investigator. Rusty served as a principal to the NFPA Technical Committee on Fire Investigations in 2009 and has been actively involved in the development of new and revised text published in the NFPA 921 Guide for Fire and Explosion Investigations. He is a contributor to Chapter 9. Michelle Hudson Former Agent with the South Carolina Law Enforcement Division Michelle Hudson is a former Special Agent with the South Carolina Law Enforcement Division where she has worked in fire investigations including response to the scene of arson fires and fires where fatalities have occurred. Hudson completed advanced and specialized training in fire and arson investi- gations including courses through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the South Carolina Fire Academy. She is a contributor to Chapter 9 and assisted in the development of the third edition of this book. Hudson received her undergraduate degree in Criminal Justice and Sociology from Charleston Southern University. She is also a graduate of the South Carolina Criminal Justice Academy. She is a member of the South Carolina International Association of Arson Investigators (SCIAAI). T. Paulette Sutton University of Tennessee Medical Center (retired) Paulette Sutton retired as the assistant director of Forensic Services at the Regional Forensic Center in Memphis, Tennessee. Her academic appointments at the University of Tennessee (UT) Memphis include associate professor of Clinical Laboratory Sciences and instructor in the Colleges of Medicine and Nursing. She has been a practicing forensic scientist for the Division of Forensic Pathology at UT Memphis since 1977 and specializes in bloodstain pattern analysis and crime scene reconstruction. Sutton also serves on the faculty of the National College of District Attorneys, National Science Foundation, University of Arkansas Criminal Justice Institute, National Forensic Academy, Northwestern University School of Law, and the University of North Texas. She is a member of the FBI Laboratory’s Scientific Working Group on Bloodstain Pattern Analysis, the Forensic Science Editorial Review Board for CRC Press, and the International Association of Bloodstain Pattern Analysts. Honors include the Lecturer of Merit Award and Distinguished Faculty Award from the National College of District Attorneys and the Outstanding Service Award from the FBI. She is a contributor to Chapter 7.  Contributors xxiii Jeffrey G. Phillips Winston Salem (NC) Police Department Jeffrey G. Phillips is employed by the Winston Salem (North Carolina) Police Department. Prior to relocating to North Carolina he was employed with the Washington County (Tennessee) Sheriff’s Office, which was the first local law enforcement agency to have a computer forensics examiner on staff. Phillips is currently serving as an Information Systems Analyst with the police department; he also serves as a technical adviser to the entire depart- ment. Phillips graduated from East Tennessee State University in 2006 with a B.S. in Computer Science and Information Technology and received his M.A. in Criminal Justice from East Tennessee State University in 2010. He has been in law enforcement for more than 29 years and has served as patrol- man, patrol supervisor, and corrections officer. Phillips has received special- ized training in computer forensics, and he provided electronic crime scene support for the sheriff’s office. He worked closely with the Federal Bureau of Investigation’s CART unit. Phillips served as adjunct faculty in the Computer Science and Criminal Justice Departments at Northeast State Technical Community College (Blountville, TN), where he designed the Computer Forensics course. He has spoken at community and state seminars on Internet security, ID theft, and social networking. He is an advocate for estab- lishing a closer bond between computer scientists and criminologists because of the advancement of technology that is occurring at an exponential rate. He is a contributor to Chapter 10. PHOTO CONTRIBUTORS TO THIRD EDITION: Officer Randy Unterbrink, Charleston Police Department CSI Ashleigh Dockery, Charleston Police Department Digital Assets Thank you for selecting Anderson Publishing’s Crime Scene Investigation, third edition. To complement the learning experience, we have provided a number of online tools to accompany this edition. Two distinct packages of interac- tive digital assets are available: one for instructors and one for students. Please consult your local sales representative with any additional questions. FOR THE INSTRUCTOR Qualified adopters and instructors need to register at the this link for access: http://textbooks.elsevier.com/web/ manuals.aspx?isbn59781455775408 G Test Bank Compose, customize, and deliver exams using an online assessment package in a free Windows-based authoring tool that makes it easy to build tests using the unique multiple choice and true or false questions created for Profiling and Serial Crime. What’s more, this authoring tool allows you to export customized exams directly to Blackboard, WebCT, eCollege, Angel and other leading systems. All test bank files are also conveniently offered in Word format. G PowerPoint Lecture Slides Reinforce key topics with focused PowerPoints, which provide a perfect visual outline with which to augment your lecture. Each individual book chapter has its own dedicated slideshow. G Lesson Plans Design your course around customized lesson plans. Each individual lesson plan acts as separate syllabi containing content synopses, key terms, directions to supplementary websites, and more open-ended critical thinking questions designed to spur class discussion. These lesson plans also delineate and connect chapter-based learning objectives to specific teaching resources, making it easy to catalogue the resources at your disposal. xxv xxvi Digital Assets FOR THE STUDENT Students will need to visit this link in order to access the ancillaries below. http://www.elsevierdirect.com/ companion.jsp?isbn 5 9781455775408 G Self-Assessment Question Bank Enhance review and study sessions with the help of this online self-quizzing asset. Each question is presented in an interactive format that allows for immediate feedback. G Case Studies Apply what is on the page to the world beyond with the help of topic-specific case studies, each designed to turn theory into practice, and followed by three interactive scenario-based questions that allow for immediate feedback. ADDITIONAL RESOURCES For a more in-depth course experience, we suggest the following supplemen- tal books: Crime Scene Investigation Case Studies, by Jacqueline T. Fish and Jonathon Fish (ISBN: 9781455731237/ $39.95 US): http://store.elsevier. com/product.jsp?isbn59781455731237&pagename5search G Learn crime scene investigation through original case studies that show you how to process and document a criminal investigation from first response through to sending a report to the prosecutor’s office. G Get up to speed on the state-of-the-art investigative techniques employed in the cases. G Practice your investigative and report writing skills with the “Your Turn” chapter. G Develop your critical thinking skills with questions that explore the nature of the case, the conclusions drawn, and alternative outcomes. Criminalistics Laboratory Manual, by Elizabeth Erickson (ISBN: 9781455731404/$27.95 US): http://store.elsevier.com/product.jsp? isbn59781455731404&pagename5search G Original crime scene scenarios engage students, drawing them into the forensic scientific process G Practical, hands-on crime scene processing activities with clear, detailed instructions for how to perform each laboratory exercise G Laboratory objectives, key terms, review questions, and a glossary of terms keep the student focused on what’s important G No forensic science lab required alternative materials and equipment are suggested if a science lab is not available  CHAPTER 1 Introduction: The CSI and Forensic Investigation KEY TERMS Biological evidence Crime scene Forensic nurse Chain of custody investigator (CSI) Forensic scientist Circumstantial Direct evidence Modus operandi (MO) evidence Forensic anthropologist Physical evidence Corpus delicti Forensic evidence Transient evidence What You Will Learn This chapter sets the stage for the aspiring CSI as well as offers an opportunity for seasoned professionals to update their knowledge on various facets of the CSI profes- sion. An introduction to various subspecialty areas related to forensics is included to validate the many scientific and practical aspects physical evidence adds to criminal investigations. INTRODUCTION “You only get one chance to do it right the first time, so you’d better do it right. In short, if you think of it—do it—or have a good reason why you didn’t. Because if you don’t, someone—who gets paid considerably more than you and by the hour—will ask why you didn’t. And a jury will be watching.” —James C. Upshaw Downs Reconstruction of a crime scene is essential in determining the events that took place prior to, during, and after a criminal act has occurred. Physical and biological evidence will play a crucial role in linking the suspect to the victim 1 Crime Scene Investigation. © 2014 Elsevier Inc. All rights reserved. 2 CHAPTER 1: I n t r o du ct i on : T h e C S I a n d Fo r e ns ic I nv es t i ga t io n and the location of the crime as well as providing support or contradictions of witness/victim/suspect recollections of the incident. An accurate and objec- tive crime scene search yields the “story” told by the evidence so that it is reasonable and convincing to a jury. Forensic evidence is used to provide impartial facts and is often referred to as the “silent witness.” The crime scene investigator (CSI) plays an important role on the collabora- tive team that includes the lead detective, the medical examiner, the prosecu- tor’s office, and the forensic scientists at the crime laboratory. Depending on the type of physical or biological evidence and the examinations that are per- formed, a number of scientists and technicians may be involved in the analy- sis of the evidence. It is highly recommended that CSIs contact and meet FIGURE 1.1 crime lab personnel so that they establish a professional relationship A crime scene investigator and feel comfortable in calling the lab when seeking expert advice for dealing with the Denver Police with the unusual situations that will be encountered at crime scenes. This is Department places evidence a two-way street, because oftentimes the forensic scientist will have ques- markers next to the tions that can best be answered by the CSI who collected and submitted the Hummer limousine in which Denver Broncos cornerback forensic evidence being examined. Darrent Williams was shot America’s criminal justice system continues to evolve as new technologies and killed while riding and advanced forensics analysis become accepted in the courtroom. The inside. Two other people in veracity of the technology and subsequent examination results all hinge the vehicle were also shot on the procedures that are practiced at the crime scene—where the chain of in what police called a custody begins. drive-by shooting. Bullet holes can be seen in the Every crime scene is different, and although a standardized set of proce- door and to the left of the dures must be followed at every location by the CSI, experience and door, and the rear observation will assist in developing a strategic and operational plan for passenger window is shot processing the area. Proper scene security will ensure integrity and reduce out. AP Photo/Ed Andrieski. the possibility that evidence will be altered, destroyed, or go undetected by the CSI during the crime scene search. (See Figure 1.1.) The actions of the first officer on the scene and subsequent emergency responders prior to the arrival of the CSI must be documented and communicated to the detectives and other investi- gators as work on the scene progresses. The iden- tification, collection, and preservation of physical and biological evidence must be completed in an unbiased and objective manner so as to ensure that in the final analysis (which occurs in the courtroom) the jury receives untainted and unquestionable forensic evidence as the jurors seek to find the truth and render a fair verdict.  The Role of the Crime Scene Investigator in Forensic Science 3 Items that may or may not have evidentiary value must be identified, collected, preserved, and examined under the strict guidelines of the criminal rules of evidence. Proper evidence collection is one of the most important components of a criminal investigation and prosecution. Physical and bio- logical evidence may link a suspect to a crime or prove someone’s innocence. The job of a CSI is to process the crime scene without bias, letting the evidence speak for itself. MAJOR GOALS OF A CRIME SCENE SEARCH I Recognition and identification of forensic evidence I Reconstruction of the crime I Collection and proper preservation of the evidence I Assisting detectives in forming a theory about the crime THE ROLE OF THE CRIME SCENE INVESTIGATOR IN FORENSIC SCIENCE “Forensic science” begins with the effective identification, documentation, collection, and preservation of physical and biological evidence at the crime scene (see Figure 1.2). The evidence is then subjected to scientific analysis in the crime laboratory and the results of the examinations yield forensic evidence for consideration by the court. Ultimately, the evidence will be presented as proof that a past event occurred (a crime was committed) and will prove the identification of the perpetrator. There will be two versions of the event: the prosecution’s allegations and the defendant’s story. A trial is FIGURE 1.2 conducted to allow the jury to determine which version is a correct depiction A grid excavation of a of the events leading up to the incident and the identity of the participants. clandestine grave. The job of the CSI is to properly recognize, identify, collect, and preserve those pieces of evidence that begin the process known as jus- tice. The CSI must present a true and accurate representation of the crime scene to the court, remaining objective and unbiased throughout the proceedings. The court will weigh the value of the evidence and determine guilt or innocence. CSIs are responsible for two of the four steps in the admissibility of physical and biological evidence for consideration by the court (recog- nition and collection; see Box 1.1). The knowl- edge, skills, and abilities of CSIs are invaluable 4 CHAPTER 1: I n t r o du ct i on : T h e C S I a n d Fo r e ns ic I nv es t i ga t io n BOX 1.1 FOUR MAJOR FACTORS THAT DETERMINE THE VALUE OF FORENSIC EVIDENCE 1. Recognition—The CSI must have the knowledge and understanding to recognize potential items of physical and biological evidence located at the crime scene. 2. Collection—Utilizing the appropriate skills and following accepted protocols to gather and preserve the physical and biological evidence. 3. Testing Procedures—The application of acceptable scientific procedures to analyze the physical and biological evidence. 4. Courtroom Presentation—Qualifications of the witnesses to provide objective reports on the forensic analysis of the evidence. to the final determination of the facts. CSIs must be highly trained and able to conduct objective and unbiased crime scene searches if the vital informa- tion available at a crime scene is to be accepted by the trial judges and juries. Forensic evidence leads to the development of the linkages among the victim, perpetrator, and the scene of the crime. Jobs and Descriptions CSI Everyone you ask knows what the most popular meaning of the three letters CSI are—crime scene investigator. Thanks to the public’s appetite for crime- related television shows, a mythical creature capable of gathering evidence, performing amazing scientific analysis at lightning speeds, and arresting perpetrators all in 47 minutes of prime-time television has emerged and holds today’s young people transfixed. This seemingly glamorous occupation only minimally represents the true job responsibilities of the crime scene investigator in today’s law enforcement agencies. There are as many varying titles as there are job descriptions, depending on the jurisdiction. CSIs can also be referred to as evidence technicians, crime scene technicians, criminalistics officers, forensic investigators, or crime scene analysts. No matter what they are called, these highly trained multidisciplin- ary professionals have a primary duty to complete the investigation of a crime scene by identifying and locating forensic evidence, documenting the location and condition of that evidence, collecting and preserving the evi- dence for transport to the crime laboratory, and maintaining the chain of custody (i.e., the documentation of the location) of the physical and biologi- cal evidence at the scene in order to preserve the integrity of the investigation.  The Role of the Crime Scene Investigator in Forensic Science 5 CSIs do process items of evidence—such as conducting examination for latent fingerprints or performing presumptive tests for the presence of blood—at crime scenes (see Figure 1.3). However, the majority of scientific analysis occurs at the crime laboratory, and the person- nel who generally complete such examinations are forensic scientists who specialize in the specific techniques utilized to analyze and inter- pret forensic evidence. CSIs can be sworn police officers or civilian per- sonnel. Local law enforcement agencies deter- mine these classifications, and there are no national standards of training or education for becoming a CSI. Many agencies require an applicant to become a police officer and then move into the investigative division after completing several years in the patrol FIGURE 1.3 division. Others hire civilian personnel and then train them as CSIs. However, CSIs do not wear these positions are not paid on the same scale as certified police officers, and glamorous clothing or they do not have arrest powers. Whether certified or civilian, the qualified CSI white lab coats when they must successfully complete many specialized courses in order to develop the are processing crime knowledge, skills, and abilities required to process the scene of a crime scenes. This investigator effectively. is working a hazardous crime scene and is wearing Although the increased public awareness of crime scene investigation has Level B protective gear. brought recognition to the importance of the tasks these highly skilled individ- uals perform on a daily basis, there has been no appreciable increase in the number of positions within police agencies. Larger agencies usually require a two- or four-year college degree for applicants, whereas small and rural agencies generally do not require a college degree for employment. The successful CSI must master technical skills including taking photographs, sketching and documenting scenes, processing items of evidence for finger- prints or other impression evidence, utilizing advanced software and technology-based equipment, and communicating well with prosecutors and other members of the investigation team. It is also imperative the CSI be pro- ficient in critical thinking and problem-solving skills. There may be physical challenges at every crime scene, so he or she must be agile as well as capable of working in environments that may be hazardous or unpalatable to the average person. CSIs must be able to analyze the situation, determine what steps have to be taken to identify, document, collect, and preserve forensic evidence—whether the crime scene is inside an abandoned warehouse, on a bridge spanning a waterway, or at a clandestine gravesite 20 miles from the nearest highway. 6 CHAPTER 1: I n t r o du ct i on : T h e C S I a n d Fo r e ns ic I nv es t i ga t io n Hazardous materials (Hazmat) and Hazardous Work Operations and Emergency Response (Hazwopper) training is becoming more common for CSIs, so you should be able to work in personal protective equipment. This involves the ability to wear a self-contained breathing apparatus, which may weigh 30 to 40 pounds, a Level A or B protective suit, face mask, gloves, and boots for extended periods of time. Hazmat and Hazwopper courses are available through community and technical colleges. Forensic Scientist The forensic scientist works in the crime laboratory performing scientific analyses on physical and biological evidence submitted by the CSI. A forensic scientist will have a four-year degree in chemistry, biology, or another applied science and must complete one to two years of bench training before achieving adequate expertise to perform examinations without the direct supervision of another scientist. Depending on their area of expertise, forensic scientists perform analytic tests for DNA, toxicology, serology, trace evidence such as hairs and fibers, and arson debris, as well as other tests that require scientific instruments and strict adherence to established protocols that ensure the objective analysis of evi- dence. Most forensic scientists are employed by state crime laboratories or at the FBI Forensic Laboratory if they are participating in the analysis of forensic evidence. However, some forensic scientists are privately employed and work as independent consultants for defense attorneys. The number of private DNA laboratories is increasing across the United States. These labs are also seeking scientifically qualified laboratory analysts to fill a growing need as private citizens recognize the value of DNA in determining paternity and resolving other civil matters. Forensic Anthropologist The forensic anthropologist can be a vital member of the crime scene inves- tigation team by providing assistance in a variety of ways. If human remains are located, law enforcement personnel may seek a forensic anthropologist to help ensure that all the remains are identified and collected from the scene after photographs and a detailed sketch of the location and position of the remains have been documented. The forensic anthropologist will be able to verify whether the remains are human or animal, identify the number of vic- tims, and possibly establish a sequence of events that may indicate the approximate time that has passed since death occurred. Back in the lab, the forensic anthropologist will assist in cleaning up skeletal material so that it can be examined for evidence of trauma that may be visible from the bones. Gunshots and knife wounds often leave marks or  The Role of the Crime Scene Investigator in Forensic Science 7 fracture patterns that can be interpreted by a skilled forensic anthropologist and will contribute valuable information to the case detectives. When a forensic anthropologist studies the remains of an unidentified victim, a profile of the victim is developed. The examination yields data that contributes to this profile and includes gender, approximate age, body stature, ethnicity, handedness, and some generalized information about the overall health of the subject. Forensic Nurse The forensic nursing specialty is a growing field in which registered nurses are trained in the scientific aspects of identifying and collecting physical and biological evidence from living patients. The professional forensic nurse pro- vides an additional investigative function, because he or she works directly to treat the injuries of victims of violence, criminal activities, and motor vehicle crashes. Health care providers trained in the importance of evidentiary mate- rials and legal issues can present credible and objective testimony and protect the chain of custody when the crime involves either a living victim or a deceased individual who is transported to a medical facility. Victims of crimes arrive in hospital emergency departments (EDs) and may not be able to communicate with the health care providers due to physical injuries or language barriers. One of the most valuable team members in the ED is a registered nurse who has also been trained in recognizing potential victims of elder abuse, sexual assault, psychological or child abuse, and more frequently, individuals who are under the control of human traffickers and domestic violence. Forensic nurses are also called on to document medical observations of subjects who may be victims of suspicious deaths, suicide/ attempted suicide, or other such traumatic occurrences. Many victims are not willing to cooperate with police officers but will confide in nurses—and the professionally trained forensics nurse may be the key to gathering physical and biological evidence that leads to the arrest and conviction of someone who is preying on adult or child victims. (See also Box 1.2.) Certification and Professional Development CSIs can pursue a number of professional accreditations in order to meet basic and advanced standards. The competent CSI will seek continuing education opportunities through attendance at conferences and training seminars, as well as advanced educational programs. The International Association for Identification (IAI) offers numerous recognition programs that require the applicant to successfully complete a number of proficiency tests and includes tenprint and latent-print, bloodstain pattern, footwear, forensic art analysis, forensic photography, forensic video, and four levels of crime scene 8 CHAPTER 1: I n t r o du ct i on : T h e C S I a n d Fo r e ns ic I nv es t i ga t io n BOX 1.2 OTHER FORENSIC SPECIALTY AREAS I Forensic Archeologist—A scientist who utilizes archaeological recovery techniques at scenes of mass graves or exhumations. I Forensic Botanist—A specialist who can aid in determining time since death or assist in placing a suspect or victim at a location by studying the anatomy of plant evidence. I Forensic Entomologist—A scientist who can evaluate the life cycle of insects found at the scene or on the body of a victim to assist in establishing investigative leads such as the movement of a body after death, manner of death, and the postmortem interval (PMI). I Forensic Odontologist—A dentist with special training in the evaluation and handling of dental evidence, including bitemark comparison and the identification of victims/suspects. I Forensic Pathologist—A medical doctor with additional specialty training in the determination of injuries and disease that cause death. I Medical Examiner—A medical doctor with 5 or more years of specialized training in recognition of the cause and manner of death. I Coroner—An elected or appointed official who conducts death investigations. The coroner is not required to have a medical background, and his or her duties are dictated by jurisdiction. investigation (http://theiai.org/certifications/). The standards for certification are high—and achievement of this certification will underscore competence to perform the job duties when qualifications are under scrutiny by a judge or jury. Certifications are often designed in a two- or three-tier format to encourage continuous professional development and build subject-matter expertise. Written proficiency examinations are essential to ensure the credibility of the certification programs. Often an applicant must complete additional years of service within a specific tier in order to apply for consideration and testing for the next echelon of certification. Accomplishments such as achieving recognition among one’s peers in the discipline demonstrate technical com- petency and enhance the veracity of an investigator’s testimony. The largest professional organization of practitioners, researchers, and scien- tists is the American Academy of Forensic Sciences (AAFS), which has about 6,200 members in the United States and 67 foreign countries. The applica- tion of science to the law spans the spectrum of forensic disciplines and includes 11 sections (see Box 1.3). The AAFS publishes the Journal of Forensic Science and conducts annual meetings at which members from every profession—including engineers, dentists, educators, psychiatrists, lawyers, physicians, and many other fields of expertise—present research findings that enhance the practice of forensics from the crime scene to the courtroom (www.aafs.org).  The Role of the Crime Scene Investigator in Forensic Science 9 BOX 1.3 SPECIALTY SECTIONS OF THE AMERICAN ACADEMY OF FORENSIC SCIENCES I Criminalistics I Pathology/Biology I Digital & Multimedia Sciences I Physical Anthropology I Engineering Sciences I Psychiatry/Behavioral Science I General I Questioned Documents I Jurisprudence I Toxicology I Odontology BOX 1.4 LIST OF PROFESSIONAL ORGANIZATIONS OFFERING CERTIFICATIONS AND CREDENTIALING BASED ON AREAS OF PROFESSIONAL EXPERTISE AND EDUCATION I American Academy of Forensic Sciences I High Technology Crime Investigation Association I American Board of Criminalistics I International Association of Arson Investigators I American Board of Forensic Anthropology I International Association of Bloodstain Pattern Analysts I American Board of Forensic Document Examiners I International Association of Computer Investigative I American Board of Forensic Odontology Specialists I American Board of Medicolegal Death Investigators I International Association of Forensic Nurses I American College of Forensic Examiners I International Association of Identification I Association for Crime Scene Reconstruction I International Crime Scene Investigators Association I Association of Firearm and Tool Mark Examiners I International Forensic Imaging Enhancement Society I Board of Forensic Document Examiners I International Institute of Forensic Engineering Services I Evidence Photographers International Council I National Association of Document Examiners Many of the professional organizations offering certifications and credentialing have specific interests and restrict membership to credentialed professionals (see Box 1.4). There are also several state groups affiliated with the national or international parent organizations that provide continuing educational training seminars and maintain local associations for law enforcement and other first responders who are interested in promoting professionalism within their disciplines. The Internet provides a wealth of information, including membership requirements for each organization. In the year 2000, the Forensic Specialties Accreditation Board (FSAB) was formed to objectively assess, recognize, and monitor the various forensic specialty boards that certify individual forensic scientists and specialists. The FSAB provides accreditation to those certifying bodies that meet stringent requirements for training, 10 CHAPTER 1: I n t r o du ct i on : T h e C S I a n d Fo r e ns ic I nv es t i ga t io n education, experience, and testing of individual forensic scientists and specialists (www.thefsab.org). Expert Witnesses It is the duty of the expert witness to educate the jury and provide testimony using terminology that is easily explainable and not misunderstood. Clarity, simplicity, and honesty are essential elements of expert witness testimony. Reports should be written in nontechnical terms that allow the scientific protocols utilized in the forensic examination of physical and biological evi- dence to be adequately explained. Questions can arise during the translation FIGURE 1.4 of technical terminology into lay terms, because not everyone agrees about State Bureau of the intended meaning of some terms and phrases. Clarity is essential, and Investigation agent Duane terminology that may be misconstrued by defense attorneys must not be Deaver explains how his used in final reports. Supervisors must also review reports and conclusions tests of blood spatters with an unbiased attention to detail to ensure that the paperwork submitted found inside Michael is clear and concise. This final work product will follow the case throughout Peterson’s home the entire criminal justice process (see Figure 1.4). strengthened his opinion The testimony of an expert witness may be challenged in the following ways: that the writer’s wife, Kathleen Peterson, was I The case may not require the expertise. beaten to death. On I Basic qualifications and ability to give an opinion in the field may be at October 10, 2003, after issue. one of the longest trials in I The examiner may have insufficient education or experience to have North Carolina history, a anything of value to offer (no value added). Durham County jury found I The methodology utilized to support the opinion may not be Peterson guilty of the scientifically sound or capable of supporting the proffered opinion. murder of his wife. He was I The methodology may be scientifically sound, but the opinion based on sentenced to life in prison the method is not sufficiently derived from that scientific methodology. without the possibility of parole. AP Photo/Sara The quality of the exam and examiner are important, however, because testi- Davis, Pool. mony must be objective and free of bias. Witnesses cannot deliberately omit relevant facts or encourage incorrect conclusions; these are distortions of the facts. Overstatement of the facts or a suggestion of guilt will cost an expert witness his or her integrity. Each time a potential expert witness is presented to the court, credentials must be scrutinized in order to assess the merit of any opinions offered by the witness during testimony. The court con- siders that knowledge gained through education, training, and experience is sufficient grounds for qualification as an expert witness. The ability and  The Role of the Crime Scene Investigator in Forensic Science 11 competency of the witness must be demonstrated by the presentation of creden- tials, college degrees, continuing education, attendance at conferences, and information about publications and ongoing research projects. The number of years the witness has been employed in the profession also plays a key role in establishing credibility before the court. The judge presiding over the hearing will render a decision on the “expert” status of witnesses. Once credentials have been established, the expert witness can provide opinions based on the outcomes of examinations and the significance of the findings. Although it is not possible for any expert to render an opinion with absolute certainty, as an advocate of truth, the expert must base opinions on a reasonable scientific certainty. Every witness is a building block in the case being presented by the prosecu- tion, and it is up to that office to determine the strategy for the presentation of evidence to the court. Generally, the case begins chronologically, with the arrival of the first officer/responder on the scene. The CSI will present testi- mony beginning with arrival and proceeding through the entire crime scene process. In some instances, this may require several hours on the witness stand, and the CSI must be prepared to explain every processing step as well as the photographs and documentation that were created throughout the investigation. The witness will be “painting the picture” of the crime scene for the judge and jury, and every decision that was made is subject to further inquiry by both the prosecution and defense teams. Preparation for courtroom testimony is a skill that the CSI will gain over time. He or she must work with the lead investigator, the prosecutor, and all forensic scientists who completed examinations of forensic evidence related to the case. The testimony is choreographed by the prosecutor to present an orderly progression from time of arrival of officers on the scene, through the chain of custody of the forensic evidence, to the final analysis and conclu- sions of the scientists working on the case. Every facet of the investigation is subject to scrutiny, and the witness should refresh his or her memory of the investigation with notes prior to meeting with the prosecutor so that he or she can assist with case preparation. If you are an expert witness, remember that once you are sworn in and are on the witness stand, your integrity and professional expertise are open for inspec- tion, and you must be prepared to answer all questions posed by the attorneys as they present your credentials to the court. You must be familiar with the scope of your testimony and where your expertise ends. Make sure the prose- cutor is familiar with all the actions you took, the examinations you per- formed, and that the chain of custody of the physical and biological evidence is clearly presented to preserve the integrity of your work and the evidence. It may be necessary for you to provide a list of questions to the prosecutor 12 CHAPTER 1: I n t r o du ct i on : T h e C S I a n d Fo r e ns ic I nv es t i ga t io n so that the important facts are conveyed in the courtroom. If the defense attorney begins to attack you or the protocols you followed at the scene, it is the prosecutor’s responsibility to provide assistance through the legal process. Remember to discuss these possibilities prior to the start of any criminal proceeding. Ethics and Professionalism The mission statement of the Tennessee Bureau of Investigation (TBI) is “That guilt shall not escape nor innocence suffer.” This statement covers ethics and professionalism in law enforcement in one sentence (www.tbi.tn.gov). Many state and local organizations such as TBI offer Citizens’ Academy appli- cations, which provide opportunities for future CSIs to learn more about the profession while still in school. The crime scene investigator must be professionally neutral to be an effective and professional investigator. You must remain objective, and all your actions must be unimpeachable as you follow the prescribed protocol at every crime scene. Acts of commission (intentional) and omission (uninten- tional) are not permitted and may be criminal in themselves. For example, an act of commission would include failure to collect a blood sample at the crime scene. An unintentional act, one of omission, would be failing to refill a container of fingerprint powder after processing a scene before responding to the next burglary call. Integrity, honor, and duty are synonymous with the oath taken to uphold the law. If a defense attorney can attack the procedures followed at the crime scene, none of the forensic evidence will be allowed in court. Discrediting the chain of evidence, the scientists, or the science is known as the O.J. effect, named from the murder trial of O.J. Simpson in 1995, and has become a key defense technique. Advances in forensic science have met the standards for court acceptance, and defense attorneys are now focusing their strategies on the actions (or inactions) of the investigators at the crime scene. By fol- lowing the established protocols of the agency, an investigator will reduce or eliminate the possibility of crucial evidence being excluded due to oversight or human error. The expert witness does not want to live with the possibility that a guilty person escapes prosecution or that an innocent person is punished based on the actions of the investigator. You should preserve the chain of custody, take all necessary precautions to prevent cross-contamination or deterioration of physical or biological evidence, and leave the analysis up to the scientists and the prosecutor. There may be other reasons that justice is not served, but integrity and honesty on the part of the CSI will place the burden on the  The Role of the Crime Scene Investigator in Forensic Science 13 court system. It is up to the judicial system, not the CSI or the case detective, to weigh the evidence and come to a determination of guilt or innocence. CSIs, detectives, forensic scientists, prosecutors, defense attorneys, and the judiciary all have professional and moral obligations to work ethically and professionally. Legal, scientific, and ethical values can become entangled in the courtroom, but the most critical aspect of the trial is that the guilty are convicted and the innocent are exonerated. Challenges to Forensic Science In 2005, Congress commissioned the National Academy of Sciences (NAS) to examine critical forensic science issues including challenges facing the vari- ous forensic specialties, disparities and fragmentation in the forensic science community, lack of mandatory standardization, certification, accreditation, interpretation of forensic evidence, need for research, and legal admission of forensic science. The National Research Council of the NAS publicized its report titled “Strengthening Forensic Science in the United States: A Path Forward” to Congress in early 2009 (https://www.ncjrs.gov/pdffiles1/nij/ grants/228091.pdf). This report has received widespread media attention, and several conferences and meetings at law schools have been conducted throughout the United States to publicize the report’s recommendations to the legal community. The overriding message of the NAS report is that forensic science has failed to meet the demands of science. Essentially, the committee calls for an overhaul of the practice and procedures of many forensic science disciplines, including fingerprint analysis, toolmark and firearms identification, questioned document examination, hair and fiber evidence, and identification of shoe prints and tire tracks. Some of the recommendations are not surprising in light of the negative media attention that crime labs have received over the years with respect to errors and procedural problems with forensic evidence. The NAS committee proposes 13 recommendations: 1. Have Congress establish an independent federal entity, the National Institute of Forensic Sciences (NIFS), to oversee and establish standards, research, forensic practices, education, certification, accreditation, and development of technology. 2. Establish standard terminology and reporting procedures. 3. Conduct research to address issues of accuracy, reliability, and validity. 4. Remove public forensic laboratories from the administrative control of law enforcement agencies or prosecutors’ offices. 5. Conduct research on human observer bias and sources of human error. 6. Develop tools for measurement, validation, reliability, information sharing, and proficiency to ensure quality control and best practices. 14 CHAPTER 1: I n t r o du ct i on : T h e C S I a n d Fo r e ns ic I nv es t i ga t io n 7. Make forensic scientist certification and laboratory accreditation mandatory. 8. Establish quality assurance and quality control procedures. 9. Make mandatory the enforcement of a national code of ethics. 10. Develop academic-level education and training programs. 11. Improve medicolegal death investigation by removing and replacing current coroner systems with research-based methods and board- certified forensic pathologists. 12. Create nationwide fingerprint data interoperability. 13. Prepare and train forensic scientists to work with homeland security issues. These recommendations are provided within the context that Congress estab- lishes the NIFS so that there is an existing entity that can oversee and enforce the recommendations offered by the committee. Although it may be years before an entity such as the NIFS is created, if in fact it becomes a reality, the NAS report has been widely distributed and publicized, educating judges and lawyers as to the challenges and limitations of the forensic science disci- plines. Now, more than ever, forensic practitioners are facing ever-increasing demands in the courtroom. The NAS committee and critics of forensic science have made valuable recom- mendations that require the attention of forensic scientists. However, although improvements in procedures and research are absolutely essential, it seems that the establishment of certifying bodies and methodologies as well as some of the research that has been conducted may have been overlooked by the committee. Forensic scientists have already addressed or are currently addressing many of the problematic areas addressed by the NAS report. The groundwork has been laid for establishing board certification, publishing scientific reliability and validity studies, improving education and training, conducting proficiency testing, and developing methodological procedures. Forensic scientists in the public and private sectors need to take personal responsibility in meeting the challenges proposed by the NAS committee by being tested in recognized certification programs, participating in proficiency testing, maintaining scientific methodology and training standards that exceed the minimum standards, and participating in and promoting research in valid- ity and reliability studies. The important work that has been accomplished during the past several years has propelled the field toward scientific accep- tance, but more work is needed to standardize the field, and further research is required to quantify, especially, the limitations of forensic science. Since the issuance of the report and subsequent studies, the National Institute of Justice (NIJ) has compiled a comprehensive website promoting forensic science and providing information (http://www.nij.gov/topics/forensics/welcome.htm).  Forensic Evidence and the Crime Scene 15 CSI students should visit this site to learn more about the types of training and funding that are available for developing expertise in specific forensic areas. FORENSIC EVIDENCE AND THE CRIME SCENE Forensic evidence, when properly identified, collected, and preserved, can link the suspect to a victim, to the crime scene, to a weapon, or to other physical or biological evidence (see Box 1.5). These linkages are especially significant in crimes of violence, and the more linkages that are established, the higher the probability that the suspect committed the offense. Forensic evidence is subdivided into two basic categories: physical evidence and biological evidence. Physical evidence covers items of non-living origin, such as fingerprints, footprints, fibers, paint, tire or shoe impressions, weap- ons, ammunition, and building materials. Physical evidence may be used as corroborative evidence, which tends to confirm or support the theory of the crime. This type could also be considered as circumstantial evidence, which indirectly infers a particular conclusion regarding the crime (www.nij.gov). Biological evidence originates from a living source and includes DNA, blood, other bodily fluids, hair, skin, bone, animals, or plants. The examina- tion and analysis of biological evidence may identify the donor. Analyses conducted by scientists on biological evidence can provide compelling evidence if the CSI has taken the proper steps to prevent degradation or con- tamination of the evidentiary material. Biological evidence must be dried and protected from sunlight and moisture when it is collected and preserved by the CSI. Exchanged physical or biological evidence can be overlooked or contami- nated if it is microscopic or trace evidence (hairs or fibers). Linking a BOX 1.5 FORENSIC AND BIOLOGICAL EVIDENCE Forensic Evidence: Two Types I Questioned documents Physical Evidence (non-living origin) I Computers and mobile devices I Fingerprints Biological Evidence (originates from living sources) I Footprints I Human bodily fluids I Fibers I DNA I Paint I Hair I Tire marks I Bone I Building materials I Pollen I Glass I Plant material I Firearms and ammunition I Animal hair or bodily fluids 16 CHAPTER 1: I n t r o du ct i on : T h e C S I a n d Fo r e ns ic I nv es t i ga t io n Linkages to establishsuspect to a victim is the most important associations between and common type of linkage that can be Location the suspect, victim, and established by physical or biological evidence crime scene. What does Physical the physical evidence(see Figure 1.5). However, it is also important reveal? evidence to link a person (suspect, victim, or witness) Suspect Victim to a location through physical evidence. The scientific analysis of the evidence will provide essential information and investigative tools FIGURE 1.5 and will enable detectives to validate or repudiate the credibility of witness Linkages. statements. Physical and biological evidence is valuable in many aspects, and proper recognition, documentation, collection, and preservation can reveal data that will aid the investigation by I Providing essential information on the facts of the case—the corpus delicti I Revealing the modus operandi (MO)—the preferred method of operation I Demonstrating linkages among the victim, suspects, locations, and objects I Proving or disproving witness statements I Identifying a suspect through DNA or other individualization I Classifying unknown substances I Reconstructing the crime scene—how a crime was committed I Developing investigative leads. See Box 1.6. Class Versus Individual Characteristics The crime scene investigator must be aware of the differences between the individual and class characteristics of physical evidence. Most items of physi- cal evidence located at a crime scene cannot definitively be linked to a single BOX 1.6 ASSOCIATIVE EVIDENCE Items of physical evidence located during a crime scene search can be used to demonstrate linkages or to “associate” the victim to the suspect or to a particular location. For example, pieces of a torn movie ticket could be located at the scene of a burglary, and the other half of the movie ticket found in the suspect’s pocket on arrest. These two pieces of evidence would be considered associative evidence linking the suspect to the scene of the crime. Another common use of associative evidence is during the investigation of hit-and-run accidents in which fragments of headlight glass or paint chips from the suspect vehicle are matched to trace evidence that is recovered from the clothes or body of a victim or other vehicle. Associative evidence can be valuable to the detective when there is very little testimonial evidence and the case must be built around circumstantial and physical evidence.  Forensic Evidence and the Crime Scene 17 person or object. It is the responsibility of the CSI to locate all possible physical evidence at a scene and discuss the outcomes of the forensic analysis with the crime laboratory scientist, the lead detective, and the prosecutor in order to provide a cohesive and objective presentation of the evidence. In most courtroom proceedings, it is a preponderance of the evidence that the jury will consider. It can be physical or biological evidence that consists of class or individual characteristics and may often exclude people from the investigative process. Class Characteristics Physical evidence cannot always be related to a common origin with a high degree of certainty; therefore, when it can be associated only with a group and never a single source, it is placed into a class. It is not usually possible for the examiner to assign exact or even approximate probability values when comparing class evidence. Polyester fibers are a good example of class evidence. Examination will yield information regarding the makeup of the fibers, but it is not possible to state affirmatively that the fibers came from a specific rug. Significance may be attached to the location and number of the polyester fibers in relation to the victim, suspect, and/or crime scene; however, the forensic scientist cannot objectively state that a specific rug was the source of the fibers. Individual Characteristics Individual characteristics are distinct differences in the physical or biological evidence that allow it to be associated with a single source with a high degree of certainty. This permits the forensic examiner to determine the uniqueness of any single object or piece of evidence. The mathematical probability that there are two identical sources of the unique individual evidence is astronomical or beyond human comprehension. The scientist can state in court the scientific conclusion that excludes the possibility of identical sources of the physical or biological evidence or, more simply stated, beyond a reasonable degree of scientific certainty. Items of physical evidence that can be individualized and associated with a single originating source when the quality of the evidence is high are impressions of fingerprint ridges, toolmarks, bullet and casing comparisons, footwear and tire impressions, and handwriting. For example, DNA testing can exclude people from further consideration based on the highly discrimina- tory analyses that are now available and are accepted routinely in courtroom proceedings. The scientist will be able to state his or her conclusions to the court to a reasonable degree of scientific certainty based on the validity of accepted laboratory analyses. 18 CHAPTER 1: I n t r o du ct i on : T h e C S I a n d Fo r e ns ic I nv es t i ga t io n Direct Evidence Establishing a fact without the need for further analysis is known as “direct evidence.” An example of direct evidence is a video of a store robbery where the perpetrator’s face is clearly identifiable on the recording or the statement of an eyewitness who was in the store at the time the suspect entered the store. This type of evidence does not require inference or assumption. It is based on personal knowledge or observation and directly proves or disproves an allegation or disputed fact. Circumstantial Evidence Most of the evidence examined in the forensic lab is circumstantial evidence, and it is up to the forensic scientist to provide an explanation through his or her analysis. This type of evidence is more objective than direct evidence. The CSI must guard against contamination of the evidence at the crime scene or throughout the transport process to the evidence/property section. Circumstantial evidence is based on reasoning and not direct observation of a fact. If knowledge can be inferred from testimony provided at trial, it is circumstantial evidence. Natural Variation Repeated specimens will display normal variations—whether one is studying pattern formations in rock or handwriting samples. It is not possible to observe exactly the same characteristic of any object without obtaining intrin- sic differences; the result will vary from instance to instance. Part of the varia- tion detected will result from actual differences among the instances being compared, and part of it comes from variation in the measurement process. The process of observation or measurement involves human intervention— another natural system that is just as subject to intrinsic variation as any other system. LEGAL ISSUES AND THE CRIME SCENE Court rulings, interpretations of court rulings, new legislation, and policies and procedures impact the operations of law enforcement agencies on a reg- ular basis. There is no single authority to provide the information on a timely basis, so the investigator must remain attentive to specific agency pro- cedures to remain in compliance. State laws and criminal codes are the basis for standard operational procedures, and jurisdictions employ attorneys working as prosecutors or solicitors who are responsible for ensuring that agency employees are properly advised when new court rulings affect day-to- day operations. Professional organizations publish journals and newsletters  Legal Issues and the Crime Scene 19 to keep members apprised of changes, and it is incumbent on the investiga- tor to stay abreast of current events and emerging trends and the potential impact on agency protocols. The U.S. Constitution and the Bill of Rights provide constitutional guarantees to all citizens, and all law enforcement representatives accept an oath to uphold those rights and privileges. Search Warrants The Fourth Amendment protects against unreasonable search and seizure, and every time evidence is removed from a scene, it must conform to both the Fourth Amendment constraints and relevant court rulings. Jurisdictional requirements vary, and investigators should obtain search warrants if consent to search cannot be obtained from someone who is legally authorized to per- mit the search (see Figure 1.6). Local prosecutors must be consulted in regard to the affidavit and application for a search warrant. To ensure the integrity of the evidence, first responders must protect and secure the crime scene until the appropriate search and seizure documents are acquired. These steps will establish a chain of custody that cannot be impeached during subsequent court proceedings. Mincey v. Arizona (1978) dictated what actions law enforcement personnel are authorized to take without first obtaining a warrant. First, officers can enter a scene to search for victims and render aid in areas in which a victim could reasonably be found. Second, responding officers may enter the scene to search for a perpetrator(s)—again only in areas where a suspect could be located. Third, while officers are legally in a location performing either of the two aforementioned actions, they may seize items of evidentiary nature that are in plain view; however, this should occur only in exigent circumstances, such as an unsecured weapon. Seizing evidence in plain view circumvents the documentation aspects of the crime scene search and should not be utilized unless the evidence is transient or presents a danger to those present. Outside of these conditions, a search warrant must be obtained in order for the forensic evidence to be admissible in court. Transient evidence is defined as physical or biological evidence that may be lost forever if not immediately preserved. For example, a shoe impression found in a melting bank of snow would be considered transient in that it must be photographed, measured, and cast with dental stone before it melts away. Just as forensic evidence that was obtained illegally cannot be admitted into court, any subsequent information that was derived from the excluded 20 CHAPTER 1: I n t r o du ct i on : T h e C S I a n d Fo r e ns ic I nv es t i ga t io n FIGURE 1.6 A typical search warrant. evidence is referred to as “fruit of the poisonous tree” and cannot be brought before the court for consideration. The analogy of this legal doctrine arises from the thought that if the tree (the physical or biological evidence) is tainted, then any fruit (subsequent information) derived from that evidence would also be tainted.  Legal Issues and the Crime Scene 21 Admissibility of Evidence CSIs must be knowledgeable about the guidelines the court system must fol- low when ruling on the admissibility of evidence and testimony. The availabil- ity of advanced analysis procedures and new technology does not automatically provide for the results of those findings to be accepted by the court. Scientific validity of the process and the results must be established by the attorney seeking to introduce the evidence to the legal proceedings. The actions taken by a CSI at the scene will be scrutinized by all parties engaged in the criminal or civil process, so all investigators must be cognizant of the legal requirements imposed by previous court decisions and established standards. The prosecutor’s office will be responsible for ensuring that the legal standards are met and that the appropriate forensic scientists or discipline experts are available to provide testimony regarding the scientific basis for the analysis. However, the CSI must possess an understanding of the theory and practices that validate the evidence collection and examination processes. Frye v. United States In 1923, the Circuit Court of the District of Columbia rejected the admission of a polygraph (lie detector) test on the basis that the reliability of the instru- ment had not been proven (Frye v. United States, 1923). The validity of the claim that the polygraph instrument could detect deception had not been established. According to the court, the physical and mental conditions of the subject being questioned as well as the skill and knowledge of the poly- graph examiner provided too many variables that could not be controlled, so the court would not admit the findings as “scientifically valid.” Without this designation, the use of the polygraph was not allowed. The result was the Frye test, which established the criteria that define judicial acceptance of scientific advances. Basically, the ruling requires expert testimony to be based on scientific principles or procedures that have already been generally accepted within the scientific community. Courts will hear testimony from experts in the field and will consider scientific papers before determining the acceptability of the technique. Federal Rules of Evidence The U.S. Congress creates legislation including the Federal Rules of Evidence, and the most current revisions were enacted in December 1, 2011. They may be viewed on the U.S. Court web page (www.uscourts.gov/uscourts/rules/rulesevi- dence.pdf). The use of these rules is mandatory for all federal courts. Many states have also adopted them in an effort to establish consistency among the various levels of criminal proceedings. Specific rules that are of interest to CSIs include Rule 402, concerning relevancy, and Rules 701 and 702, regarding testimony by lay and expert witnesses. The trial judge is responsible for determining the 22 CHAPTER 1: I n t r o du ct i on : T h e C S I a n d Fo r e ns ic I nv es t i ga t io n qualifications of an expert witness and whether the witness will be allowed to offer an opinion based on knowledge, skill, training or education, and experience. Daubert v. Merrell Dow Pharmaceuticals, Inc. In jurisdictions where Federal Rule 702 is not utilized, legal practitioners have adopted the guidelines established by the Daubert case for allowing testimony relating to forensic evidence. The court will require proof that the scientific basis underlying the opinion is generally accepted in the scientific community and is relevant and reliable. The U.S. Supreme Court ruling in Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993) tasks trial judges with judging the admissibility and reliability of scientific evidence presented in their courts. Judges must assume the responsibility of becoming the gatekeeper in deter- mining the admissibility of scientific evidence. They must consider whether the scientific technique or theory can be and has been tested and subjected to peer review and publication, the potential rate of error for the technique, the existence and maintenance of standards, and whether the theory or method has attracted widespread acceptance within the scientific community. Prior to accepting expert scientific testimony, the judge must determine if the reasoning or methodology underlying the testimony is scientifically valid and can be applied to the facts at issue. This is known as the “relevant and reliable” standard of Daubert. Generally speaking, the Daubert relevancy stan- dard means the information to be presented to the court has the capability to make some fact that is of consequence to the action more or less probable than it would be without it. Chain of Custody From the moment someone alerts the police or emergency 911 center that a crime has occurred, the clock is ticking. Documentation of every person, action, statement, and observation forms an essential link in the chain of custody. Beginning with the arrival of the first emergency responder on the scene of the crime, activities will be scrutinized by dozens of people—all in various roles working to ensure that justice is served and that communities remain safe. Preventive measures to protect and preserve the crime scene must begin immediately. As soon as life safety issues have been resolved (Is the environ- ment safe for officers/firefighters/medical personnel to enter? Is the victim alive or deceased? Is the perpetrator still on the premises?), access should be restricted and the process of documentation begun. The chain of custody refers to the documentation of the location of all forensic evidence at all times. It is important for the CSI to stress the impor- tance of the chain of custody of the entire crime scene. From the time the first  Legal Issues and the Crime Scene 23 Evidence collected Evidence received Evidence submitted at the scene by CSI; by property/evidence to lab for analysis entered on log and unit secured Evidence returned to property/evidence unit for storage Evidence may Evidence returned Evidence released be returned to property/evidence to CSI for court to owner or unit to await presentation destroyed (court disposition determination) FIGURE 1.7 Chain-of-custody flowchart. officer or emergency responder arrives on the scene until the detective releases the location at the conclusion of the crime scene search, the integrity of the entire area must be maintained and documented as each individual item of evidence is logged on the evidence sheet, photography log, and crime scene sketch. The “who-what-when-where-why” questions must be addressed in the investigator’s notes and communicated to the detectives so that valu- able time will not be wasted tracking down first responders to determine their actions prior to the arrival of the CSI. The chain of custody will provide a chronological timeline that accurately depicts the journey of the evidence during the life of the case (see Figure 1.7). It por