Evidence collection
Warming-up.
What is the difference between major crime and petty crime?
Do you think all criminals should go to prison?
Do you think the law is applied equally to all people, no matter what social class they belong to?
Who are more popular in your society, the lawyers or the police?
What personal qualities (& skills) does a person need to be a police officer?
What kinds of crimes are increasing?
What kinds of crimes do you think can be prevented? How?
What makes some people become criminals? Is it poverty, upbringing, lack of education, unemployment or something else?
What weapons do police carry in this country? How about your home country?
What would you do if you heard a burglar in your house?
What's your opinion about the death penalty?
Why do you think crime is more prevalent in some societies than in others?
Why is there more crime in some countries?
Why do you think people steal things?
Do you think corporal punishment is necessary?
Read the following text. What are the requirements to evidence collection?
Make sure you understand the meaning of the following words and word-combinations:
an investigation
sexual assault
fingerprints
saliva
signs of injuries
unique ligatures
forensic and medical examination
to be mandatory
to convict a perpetrator
to obtain expert assistance
cross-contamination
Evidence collection
In an investigation of domestic violence, sexual assault or rape, police need to collect a range of physical and verbal forms of evidence. In addition to taking statements from victims and suspects and documenting other verbal remarks or communication made by survivors or perpetrators during the investigation process, physical evidence, including forensic evidence of a crime (e.g. fingerprints, saliva, blood, and semen, tissue under fingernails, unique ligatures, hairs and fibres) – which is scientifically examined, should be collected. This evidence may prove vital in linking a perpetrator to a particular crime scene or victim.
Key forms of evidence include:
Signs of injuries (e.g. cuts, scrapes, bruises, fractures, choking, pulled out hair) that can be photographed or attested to by an examining physician or medical clinician. Police should also be familiar with injuries that may not be visible immediately after an incident (e.g. strangulation, which may not appear for several days).
Torn clothing
Broken fingernails
Forensic evidence / DNA (e.g. fingerprints, saliva, blood, and semen, tissue under fingernails, unique ligatures, hairs and fibres; and in cases of murder, the victim’s body)
Paper documentation— diaries, letters, notes —either from the suspect or written by the victim and detailing past acts of abuse and violence
Weapons
Broken household items, indicating a violent incident
Observations of neighbours, friends and family
Statements from service providers involved in past incidents of violence
Prior police incident reports
Medical files detailing past injuries (used only with the permission of the victim)
Evidence of court orders, including bail restrictions or restraining orders
Evidence of alcohol and/or drug abuse by the offender
Criminal record/history of the alleged offender and all suspects
Computer, internet/ email, text messages, and other forms of electronic evidence (voicemails, answering machine tapes, emergency number police tapes)
The following considerations should guide evidence collection practices:
Forensic and medical examination should be made available to survivors, without requiring additional consent (such as from a male relative), whether or not they are choosing to make a police report.
Multiple collections of forensic and medical should be prevented to limit secondary victimization.
Forensic and medical evidence should not be mandatory to convict a perpetrator.
It is the survivor’s right to choose whether and how she wants to submit evidence and prosecution should be able to take place in the absence of the survivor.
Each item must be carefully collected, preserved and individually documented.
Evidence collection practices (including what should be collected and how to collect it) should be regularly reviewed and updated as needed through periodic meetings with prosecutors and other legal personnel.
Before evidence is collected:
Make sure there are no suspected devices that have not functioned, firearms, needles, drug paraphernalia, or blood or other body fluids from injured or deceased persons at the fire scene. If any of these items are present, obtain expert assistance prior to attempting the collection of dangerous materials. Never collect an unexploded device; clear the area and call the bomb squad. Never collect explosive chemicals or substances; clear the area and call the bomb squad.
Always photograph the item "as found" first, before touching or collecting it.
Always note the item and its location, measured from two or more fixed objects in the room, on your scene diagram.
When collecting evidence, observe a few simple overall rules:
Do not restrict your search inside the scene; evidence can be found in other places on the property or in the neighborhood.
Always be sensitive to cross-contamination and spoliation issues.
Always wear latex gloves to collect evidence.
Always use clean, suitable, and unused containers.
Always let wet items, including organic fluids such as blood, dry before packaging.
Always package evidence in a fashion that will preserve it for laboratory testing.
Always label properly.
Always change gloves between items.
Always clean tools between items.
Always keep evidence in a secure location on the scene.
Always maintain the chain of custody.
For all items, collect a comparison sample if you wish a comparison to be done between a known and a questioned item.
Questions to discuss.
- Do you know someone who has been a victim of a violent crime?
- Do you think abortion is a crime?
- Do you think gun control is a good idea? Explain.
- Do you think people who use illegal drugs should be put in jail?
- Do you think police TV dramas are realistic?
- Do you think policeman should be allowed to carry guns?
- Do you think that capital punishment is a good idea? Why or why not?
- Do you think that punishment for violent crimes should be the same for juveniles and adults? Why/why not?
- Do you think that the death penalty would prevent crime in your country? Why or why not?
- What is your attitude to the death penalty?
- Is there a death penalty in your country?
- If you think it should exist, what kind of criminals should be sentenced to death?
- Which punishment is more severe, the death penalty or life imprisonment?
- What do you think is an adequate punishment for an adolescent who has committed a serious crime? Murder? Burglary? Car theft? Rape?
- Is piracy a great problem in your country?
- Do you consider piracy to be a crime?
- Is it possible to get rid of piracy?