CDI Chapter 3 - Evidence
CDI Chapter 3 - Evidence
CDI Chapter 3 - Evidence
Definitions of Evidence
Evidence is the means, sanctioned by these rules, of E ascertaining in a judicial
proceeding the truth respecting a matter of fact (Sec 1, Rule 128, Rules of Court).
Evidence also refers to any material which tends to persuade the court of the truth or
probability of some facts asserted before it.
Evidence is the means by which any alleged matter of fact, e truth of which is submitted
to investigation, is establisheon of subjects involved in various crimes. Each sample of
material recovered should be placed in a paper container, which can be sealed
and marked. Be sure to properly seal as loose material, particularly in the case of
marijuana, which can leak and spill.
FUNDAMENTALS OF CRIMINAL INVESTIGATION
D. Preserving Physical Evidence Perishable materials should be preserved along the
way or the preservation is in order to reach the court in the same physical condition as
when they were collected from the crime scene. This is the work of a laboratory
technician.
3. Preservation of Questioned Documents
a. Under no circumstances should either the questioned
document or the exemplars be marked, defaced, or altered. No new folds should
be made, nor should marks or notes be placed on such material. Personal marks
Tor identification purposes should be made as small as possible on the back
or other area of the document
where no handwriting or typewriting is present. b. Whenever
possible, all documents should be protected
by placing them in cellophane or plastic envelopes.
FUNDAMENTALS OF CRIMINAL INVESTIGATION
1. Preservation of Tool Marks
a. Whenever possible, submit the whole object containing
tool marks to the Laboratory instead of just removing the area
containing the mark. If this is not possible, care photograph and sketch the
area containing the ma
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CHAPTER EVIDENCE AND CRIMINAL IDENTIFICATION
preservation of Latent Fingerprints
a The primary precaution
primary precaution in all cases is the prevention of adding fingerprints to evidence, or of
destroying those
already present
CHAPTER 3. EVIDENCE AND CRIMINAL IDENTIFICATION Shipment of Evidence
a. Questioned documents may be submitted personally
or left in previously described lockers at the Laboratory
entrance b. Such evidence sent to the Laboratory by mail must be
sent by certified or registered mail. If there is a massive amount of material, it may be
sent some other way, but the package must always be sealed.
Most fingerprints submitted will be on paper, glass, metal, Brother smooth surfaced objects, li
articles containing
ent must be picked up, touch as little as possible and only in areas least likely to contain
identifiable latent such as rough surfaces.
Charred Documents Where examination and decipherment of charred paper is involved
great care must be taken to prevent any additional crumbling or breaking apart of the
burned material. Normally it should be placed on top of loose cotton in a box and delivered
in person to the Laboratory. No matter how it is packaged, such material will be
damaged if attempts are made to ship it by mail.
While gloves or handkerchiefs may be used to pick up such exhibits, any
unnecessary contact should be avoided. Although using a cloth to pick up exhibits
prevents leaving additional prints on the articles the cloth will frequently wipe off or smear any
prints originally present, unless great care is taken.
d
Large articles containing latent such as glass, metal articles, and firearms should be
placed on wood or heavy cardboard and fastened down with string to prevent shifting
and contact with other objects in transit. Where such evidence is to be examined
frequently, a pegboard should be obtained on which wooden pegs can be moved as
desired to support exhibits and keep z them from moving. Bottles and glasses
may be placed vertically on a board and placed in the bottom of a box.
S The base of the bottle or glass can be surrounded with nails to hold it in place, and
the top can be either inserted through a hole in a piece of cardboard or held in position
with a wooden board nailed to the container's lid.
Other Questioned Document Evidence In addition to handwriting and typewriting
comparisons and the decipherment of charred documents, other related examinations
can be conducted in the Laboratory. These include, but are not limited, to:
a. Restoration or decipherment of altered, obliterated, or
erased writing b. Comparison of check protectors and rubber stamps with
questioned printing C. Identification of embossed or indented writing or
typing d. Comparison of paper and commercially-printed material,
such as checks, coupons, receipts, and others e. Physical matching of cut or
torn paper of various types f. Problems relating to inks
FUNDAMENTALS OFCRIMINAL INVESTIGATION
e. Papers and documents containing latent prints should be 6
placed individually in a cellophane or manila envelope. 16 Such a
container can be sandwiched between two 3 sheets of stiff cardboard,
wrapped, and placed in a box for mailing
(http://www.crime-scene-investigator.net/ collect.html).
FUNDAMENTALS OF CRIMINAL INVESTIGATION
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Fingerprints. These consist
separations. The throughout lifetime cannot be forged. Ace
CHAPTERE EVIDENCE AND CRIMINALIDENTILICATION hese consist of ridges, depression
and se remain unchanged and consistent
ch fingerprint is unique and fingerprint forged. According to Dutelle (2014). the three
prints found at the crime scene are
fingerprinhanged andression and
distinct types of prints found at th a. Plastic Fingerprints
the fingers come in contact with a so me soap. wet putty, wet cement wet nais melted wax, a ridge
impression may left performing a comparison distinct three dimensional appearanc
Fingerprints are type of fingerprint formed if
ome in contact with a soft material such
utty wet cement, wet paint, dust, or a ridge impression may left sufficient for g a comparison.
These impressions have
dimensional appearances and do not quire further processing. They are documented using
9. They annances ans have
CHAPTER 3. EVIDENCE AND CRIMINAL IDENTIFICATION Other Potential Pieces of
Evidence
1. Soil. This consists of organic natural materials such as
rocks, minerals and decomposing plant, and may also contain man-made materials
such as bricks, concrete alass, or paint. The densities of soil samples are analyzed via chemicals
that separate the particles that comprise the soil, if pattern of separation is similar, it indicates a match,
this common scientific technique of analyzing soil is called
the density gradient tube. 2. Paint. Paint is a pigmented polymer that is applied and
adheres to various surfaces. It is possible to examine microscopically the color and
shape of paint strips or other samples, as well as to determine through the use of gas
chromatography 3. Tool Mark. Tool Mark is any mark that is created when an
instrument has contact with another surface. The mark left by the tool may indicate the
type of tool, the size of tool and
even the skill of the perpetrator. 4. Shoe Prints, Impressions & Tire Tracks. The shoe
prints
are created when material from the bottom of shoes is transferred to another
surface, leaving an outline of the bottom of the shoe. Shoe impressions and tire tracks
are often left in soft material, such as mud, snow and reveal the
outline of the shoe or tire. 5. Videotape Evidence. This is potentially extremely
powerful
form of evidence. If a crime is captured on video, there may
be little doubt about who committed the crime. 6. Dental Evidence. The two
primary forms of dental evidence
is dental identification and bite marks. In both instances, the fact that individual has
a unique set of teeth in terms of form, arrangement, dental work, and bite, makes
dental evidence powerful form of criminal evidence. The physical
characteristics of bite marks and dental identification consist of the distance between
teeth, the shape and mouth/bite teeth alignment, teeth shape,
missing teeth, and wear patterns of the teeth.
oblique photography.
nt Fingerprints are easily identifiable as fingerprints b. Patent Fingerprints are ea
by the unassisted eye. Fingers that have been in
ith a colored material such as toner, ink, blood paint oil or chocolate leave visible prints. Once the material
has soiled the fingers, the material may be transferred to
a surface with which the ridges come
into contact This print requires no processing to be recognizable as
fingerprint and often suitable for comparison c. Latent Prints, the most common type, which
requires
additional processing to be rendered visible and suitable for comparison. Body
perspiration and oils might leave invisible residues on the surfaces that, if visualized,
would constitute a usable impression of the friction ridges. Processing of the latent
prints is accomplished through development, enhancement, or visualization
appropriate for the type of surface upon which the prints repose.
FUNDAMENTALS OF CRIMINAL INVESTIGATION
MINAL INVESTIGATION TALS OF CR
8. Computer and other Electronic Evidence. Computers,
cellular phones, and personal digital assistants may provide a Wealth of
information regarding communications, schedules and criminal behaviors and
therefore are potentially valuable 2 sources of evidence in criminal
investigations. Examination 3 of electronic hardware is quite technical
in nature and, if 2 not properly performed, can result in lost
evidence (Dutelle, 2014).
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CHAPTER 3: EVIDENCE AND CRIMINAL IDENTIFICATION
However, evidence passes through several persons to several purposes. The
principle of chain of custody must observed. Chain of Custody refers to the number of
persons who handled and possessed the pieces of evidence the moment that they were
collected, marked and tagged, up to the time of the final disposition of the case.
CHAPTER 3:EVIDENCE AND CRIMINAL IDENTIFICATION nent used in the recording and replaying
If there's no scientific apparatus to preserve is available then a rough drawing of the scene or
reserved is done. It must be simple, identifying + items and with exact measurement (see
chapter
instrument used in the Sketching. If there's no evidence is available the object to be
preserved is don significant items and w 4). Description. Description is the person or
thing to requires keen observa
tion Description is done by putting into words arson or thing to be preserved. Describing a
thing
es keen observation and a good power of attention merception, intelligence and experience. It must
cance. vivid impression on the mind of the reader a
na described. The use of Portrait Parle may be used.
the thing described. The use of P
Rule on the Chain of Custody of Evidence Chain of Custody is of paramount importance
to any investigation is the unbroken sequence of events that is caused by an item of
evidence from the time it is found at the crime scene to the time it appears in court.
Every link in this chain is documented, from discovery at the crime scene, through
evidence gathering, storage lab analysis, return to storage, and transfer to court.
Every link is documented by date, time, handling individual, what was done with the
evidence by that individual. If chain of custody is broken, and if the evidence cannot be
accounted in one step of its journey from crime scene to court room, it is rendered
inadmissible; useless to the case (Solis, 1987).
picture). This refers to verbal, accurate and que description of the person identified. Such
information
the witness, relatives, or other persons who are may be given by the witness, relatives, or
other ners
inted with the physical features of the person to be identified
Portrait Parle (spoken picture). This refers to verbal picturesque description of th
acquainted with the physi
HUNDAMENTALSO CRIMINAL INVESTIGATION
1. Traditional Methods of Preserving Evidence and Crime Scene The
following are the various means of preserving evidence:
1. Photographs, Audio and/or Video Tape, Micro-film,
Photostat. Xerox, Voice Tracing etc. Photography is considered to be the most
practical, useful and reliable means of preservation due to the following reasons:
a. Photo-camera is available in many places. b. The object preserved is
reduced in size in the picture
proportionately with other objects adjacent or near to it. An unlimited
number of copies can be reproduced, each of which is identical to
one another.
In colored photographs variation may occur in the choice of the kind of
film and printing paperused. Identification of voice from the recording instrument may
sometimes be
out Audio-recording may be dependent on the speed volume, pitch and timbre
which may be changed by the
The following basic requirements must be included in the verbal description:
1. General Impression: type, personality, apparent social
status. 2. Age and sex 3. Race or color 4. Height 5. Weight 6. Built: thin, slender,
medium or stout 7. Posture: erect, slouching, round shoulder 8. Head:
size and shape 9. Hair color, length, baldness 10. Face: General impression
(see figure 1)
a. Forehead: high, low, bulging or receding b. Eyebrows: brushy or
thin, shape (see figure 2) C. Mustache: length, color, shape d. Ears: size,
shape, size of lobe, angle of set e. Eyes: small, medium or large; color,
eyeglasses (see
figure 3) 1. Cheeks: high, low or prominent medium cheek bones.
FUNDAMENTALS OF CRIMINAL INVESTIGATION
CHAPTER 3: EVIDENCE AND CRIMINAL IDENTIFICATION
CHAPTER 3 EVIDENCE AND CRIMINAL IDENTITICATION
flat or sunken Q Nose, short, medium or big, or long, straight, aquil
flat or pug (see figure 4) h Mouth: wide, small or medium, general impression i
Lips shape, thickness; color i. Teeth shade, condition, defect; missing elements k
Chin: size, shape, general impression
Jaw. length, shape, lean, heavy or medium 11. Neck: shape, thickness, length,
Adam's apple 12. Shoulder width and shape 13. Wrist: size and shape 14. Hands:
length, size, hair, condition of the palms 15. Fingers: length, thickness, stains,
shape of nails, condition
of the nails 16. Arms: long. medium or short; muscular, normal or thin
thickness of the twist 17. Feet: size and deformities
Fig. 2. Different Shapes of Eyebrow
(www.golivewire.com/forumspeer-yapt...rt-a.html)
Round
Oblong
Rectangle
GOO
Inverted Triangle
Sore
Heart
FUNDAMENTALS OF CRIMINAL INVESTIGATION
Diamond
Triangle
Oval Fig.
1. Different Shapes of Face
(http://www.askrobinwalker.com/files/2127328/uploaded/women_face
shape)
FUNDAMENTALS OF CRIMINAL INVESTIGATION
Fig. 3. Different Shapes of an Eye
(drawinghowtodraw.com/stepbystepdrawinglessons2010/01/draw
anim)
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CHAPTER 3: EVIDENCE AND CRIMINAL IDENTIEICATION
4. Manikin Meth
a scene or of a hu aspects of the thing
CHAPTER 3. EVIDENCE AND CRIMINALIDENTIFICATION Method. This makes use of a
miniature model of or of a human body indicating marks of the various of the things to be
preserved. An anatomical modell
be used and injuries are indicated with their
cends. Although it may not indicate the full the lesion, it is quite impressive to the viewer as
to
V 2 VV
or statuette may be used and injuries are appropriate legends. Although it may detail of the
lesion, it is the nature and severity of the trauma
Methods of Identification
y By Comparison. Identification or
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11
CHAPTER 3. EVIDENCE AND CRIMINAL IDENTIFICATION rism. Stereotype movement or habit peculiar
to
urse may his tools, a
d. Manneris
CHAPTER 3: EVIDENCE AND CRIMINAL IDENTIFICATION
d. Grade of profession - a graduate or student nurse
be identified through her cap, a mechanic by his tool
clergy man by his robe etc. e. Body ornamentations - includes earrings, necklar
rings etc.
gait:
an individual. It may be: 1. Way of sitting 2 Movement of the hand 3. Movement of the
body 4. Movement of the facial muscles 5 Expression of the mouth while articulating 6.
Manner of leaning
and Feet. The size, shape, and abnormalities
the bases of identification. Foot or hand marks found in the investigation of the crime scene may 1
Foot or hand impression 2. Footprint or handprint complexion. This may be
determined when the whole body is exposed preferably to ordinary sunlight. Changes in
the Eyes. A person is identified because he is near-sighted, tar-sighted, color blind astiamatic
presbyopic, or cross-eyed. Color of the iris, shape of the eyes, deformity of the eyeball,
and the presence of disease are useful bases of identification Faces. There are
different kinds of facial expressions brought about by disease or racial
influence. The following are kinds of faces: 1. Hippocratic Face. The nose
is pinched, the temple
hollow, eyes sunken, ears cold, lips relaxed and skin vivid. The
appearance of the face is indicative of 2
approaching them. 2. Mongolian Face. Almond eyes, pale complexion,
prominence of cheek bones. 3. Face Leonine. A peculiar, deeply
furrowed, lion-like
appearance of the face. This may be observed in E
leprosy, elephantiasis and leontiasis ossia. 4. Myxedemic Face.
Pale face, edematous swelling which does not pit on pressure,
associated with
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1. Ataxic Gait. A gait in which the foot is raised high
thrown forward and brought down suddenly in seen
in persons suffering from tabes dorsalis. 2. Cerebellar Gait. A gait associated with
staggering
movement is seen in person suffering cerebellar
disease. 3. Cow's Gait. This refers to a swaying movement due
to knock-knee. 4. Paretic Gait. Gait in which the steps are short, the
feet are dragged and the legs are held more or less
widely apart. 5. Spastic Gait. A gait in which the legs are held
together and move in a stiff manner and the toes are
dragged 6. Festinating Gait Involuntary movement in short
accelerating steps. 7. Frog Gait. A hopping gait resulting from infantile
paralysis. 8. Wadding Gait. Exaggerated alteration of lateral
trunk movement similar to the movement of the duck.
h
FUNDAMENTALS OF CRIMINAL INVESTIGATION
CHAPTER 3: EVIDENCE AND CRIMINAL IDENTIFICATION
tonous speech
CHAPTER EVIDENCE AND CRIMINAL IDENTIFICATION
dullness of intellect, slow monotonous Sp
muscular weakness and tremor. i Left or Right Handedness j. Degree of Nutrition. The
determination must
relation to the height and age (Solis, 1987).
ation must be in
C. Shape of the skull
1 Caucasian - Elongated skull 2. Malayan - Round head 3. Mongolian - Round head
4 Red Indians and Eskimos - Flat head d. Wearing apparel. Cas.
apparel. Casual and customary wearing v indicate race as well as religion, nationality,
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Examples:
a. Information developed after comparing questioned with
inked fingerprints. b. Result of DNA analysis of blood and semen
FUNDAMENTALS OF CRIMINAL INVESTIGATION
2. Tracing Identification. This involves the use of all other
information that maybe indicative of the personal identity of an individual,
Examples:
a. Description of witnesses as to the appearance of culprits b.
Information about the presence of a suspect's personal
belongings at the crime scene (Solis, 1987),
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