CHAPTER 3 EVIDENCE AND CRIMINAL IDENTIFICATION This chapter presents the important criminal evidence, types of evidence, and proper preservation of evidence. It also includes the proper collecting, marking, tagging and preserving of the collected pieces of physical evidence. It further includes the process of disposition of the evidence from the time of collection until its presentation as evidence in court. Further, basic method of criminal identification is provided. UNIT 4. CRIMINAL EVIDENCE Upon reaching the crime scene, measures must be imposed to the members of the responding officers. Rules must be strictly followed in order to properly preserve the evidence at the crime scene, Definitions of Evidence Evidence is the means, sanctioned by these rules, of 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, the truth of which is submitted to investigation, is established or disproved, z g q g 2 a z a s z 2 a 8 E o 4 3 g 3 éTypes of Evidence in Criminal Investigation 1. Physical (also known as object, autoptic, or real evidence), These are physical objects used as evidence which are obtained through searches at the scene of the crime. Articles and materials found in connection with investigation, which aid in establishing the identity of the perpetrator are known as physical evidence. Legally, object evidence refers to evidence made known or addressed to the senses of the court. It is not limited to that which is known through the sense of vision but is extended to what the sense of hearing, taste, smell and touched. ; On the investigator's viewpoint, the following are the different . types of physical evidence: A) a. Corpus Delicti Evidence. This refers to objects or substances which may be part of the body of the crime, The body of the victim, prohibited drugs recovered from a person, dagger with blood stains or fingerprints of the suspect, stolen motor vehicle identified by plate number and by body or engine serial number are examples of corpus delicti evidence. b. Associative Evidence. These are pieces of physical evidence which link a person to a crime. The offender may leave clues at the scene such as weapon, tools, garments, fingerprints or foot impression. Broken headlights glass found at the crime scene in “hit in run” homicide may be associated with the car found in the repair shop. Wearing apparel of the offender and other articles of value may be recovered where the crime of rape was committed. c. Tracing Evidence. These refers to evidence that may assist the investigator in locating the suspect. Aircraft of ship manifest, physician's clinic record showing medical treatment of suspect for injuries sustained in an encounter; blood stains recovered from the area traversed by the wounded suspect infer direction of the movement are examples of tracing evidence. ©UNVAMENTALS OF CRIMINAL INVESTIGATIONyo estimonial Evidence. This is the product of interview ” and interrogation from which witness’ smell, hear, taste and touch are being described through oral and written testimony. Testimonial evidence also includes the testimony of a physician who may be commanded to appear before a court as an ordinary witness and/or as an expert witness: a. Ordinary Witness. Any person who perceived the commission of a crime and testified before the court is just considered as an ordinary witness. Also, a physician who testified in court on matters he/she perceived from his/her patient in the course of physician-patient relationship is considered as an ordinary witness. Under Sec. 30, Rule 130, Rules of Court, a witness can testify only to those facts which he/she knows of his/her own knowledge; that is which are derived from his/her own perception, except as ‘otherwise provided on this rule. b. Expert Witness. A person Is deemed as an expert witness if his/her testimony concerning the investigation of crime is based on his/her training and experience. For example, a physician who confirmed before the court the cause of death of the victim is considered as an expert witness. 3. Documentary Evidence. Documentary Evidence refers to writings, including official records, or contents “could speak for themselves” when read by the investigators and the court. They may be collected through voluntary relinquishment or by a Subpoena Duces Tecum (court order) which compels the party to bring the records to the court. The following are some examples of documentary evidence: a. Medical Certification or Report on: FUNDAMENTALS OF CRIMINAL INVESTIGATION 1. Medical Examination 5. Exhumation 2. Physical Examination 6. Birth 3. Necropsy (Autopsy) 7. Death 4, Laboratoryb. Medical Expert Opinion c. Deposition. A deposition is a written record of evidence given orally and transcribed in writing in the form of questions pb the investigator and the answer of the deponent and signed by the latter (Garcia, 2004). Legal Classification of Evidence The following are the legal classifications of evidence based on | Sec. 1, Art. 128 of the Rules of Court: |. Depending on its ability to establish the fact in dispute, evidence may be: 1. Direct Evidence. This proves the fact in dispute without the aid of any inference or presumption. The evidence presented corresponds to the precise or actual point at issue. 2. Circumstantial Evidence. The proof of fact or facts from which, taken either singly or collectively, the existence of a particular fact in dispute may be inferred as a necessary or probable consequence. However, the following requisites must be present before a circumstantial evidence will become sufficient for conviction: a. There is more than one circumstance; b. The facts from which the inferences are derived are proven; and c. The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt (Sec. 4, Rule 123, Rules of Court). Il. Depending on the degree of its value in establishing a disputed fact, evidence may be: 1. Prima Facie Evidence. This evidence suffices for the proof of a particular fact until contradicted by other evidence. 2. Conclusive Evidence. This evidence is incontrovertible of one which the law does not allow to be contradicted, It is anLy " insurmountable evidence. aS % a | \ Corroborative Evidence. This evidence is of different kind and character as that already given and tends to prove the same proposition. — Ak, Gopparts ottore les rnomyé a ‘ q 4 Cumulative Evidence. This evidence is of the same kind and character as that already given and tends to prove the oposition. same Pe — obdomk emoat ff ie : ae (Dos Vin REM RET ec |, Depending on its weight and acceptability, evidence may {° ; be: 7 1. Primary or Best Evidence. This evidence affords the greatest certainty of the fact in question. — \yca0 \\~ ue 2. Secondary or Substitutionary Evidence. This evidence is inferior to primary evidence and admissible only in the absence of the latter. IV. Depending on its nature, evidence may: 4. Object Evidence: This evidence ‘f$ addressed to the senses of the court and is capable of being exhibited to be examined or viewed by the court. In the case of People of the Philippines v. Pabillo, it was decided by the court that physical evidence speaks more eloquently than a hundred witnesses. “Sosy 2. Documentary Evidence. This refers to an evidence supplied by written instruments or derived from conventional symbols and letters by which ideas are represented for material substances 3. Testimonial Evidence. This evidence is either verbal or oral, It is an evidence which consists of the narration or deposition by one who observed or has personal knowledge of that to which he/she is testifying 4. Positive Evidence. This evidence exists if the witness affirms that a fact did or did not occur. Itis entitled to greater weight since the witness represents his/her personal knowledge about the presence or absence of a fact. FUNDAMENTALS OF CRIMINAL INVESTIGATIONICATI 5. Negative Evidence. This evidence exists if the witness States the he/she did not see or know of the occurrence of a fact and there is total disclaimer of personal knowledge. V. Depending on its quality, evidence may be: 1. Relevant Evidence. Evidence is relevant if it has Telation to the fact in issue as to induce belief in its existence or non existence. 2. Material Evidence. This evidence tends to prove the fact in issue, and is determined by the rules of substantive law or the rules of court. 3. Admissible Evidence. Evidence is admissible if it is relevant to the issue and is not excluded by the Rules of Court 4. Credible Evidence. Evidence is credible if it is not only admissible evidence but also believable and used by the court in deciding cases (Sec. 1, Art. 128, Rules of Court) Collecting, Marking, Tagging, and Preserving Evidence In the process of investigation, the responding team members should be knowledgeable on the proper actions to be done on specific kinds of evidence found in the scene of the crime. To give you some information on the proper methods, the following must be observed: A. Collecting Physical Evidence All items that were found in the crime scene should be collected The collecting officer should not decide whether a certain item is relevant or irrelevant. Small pieces of evidence also must have to be given importance, thus collecting them is necessary. 1. Blood. This becomes important evidence in homicide. assaults, robberies or other cases where it may be spilled. Blood may be categorized into major groups of A, B, AB. and O depending on the condition of the stain on receipt. FUNDAMENTALS OF CRIMINAL INVESTIGATIONCollection of liquid blood Use clean, disposable pipette or eyedropper for each sample collected. b. Place the sample in a container, avoiding air space because air will cause the blood to dry. c. Ifthe amount of blood is minimal, collection may best be made by placing the sample in a normal saline solution (1 tablespoon salt in 1 quart of distilled water. d. Refrigerate sample in saline solution as soon as possible. e. Do not mix areas where samples are collected. Above all, avoid contaminating the samples by re-using collection tools. Collection of dried blood a. On absorbent surfaces, bring in the entire object or cut out the stained area and bring to the laboratory. b. On non-absorbent surfaces, scrape up the sample and place it in a container, or if possible submit the entire article. c. Ifsample is scraped from a surface, also scrape a portion of the surface where no blood is present and submit it in a separate container for control in case some substance on the surface causes difficulty in tests. Collection of wet blood on clothing a. Do not fold the clothing as it may destroy the stain pattern. b. Do not package while the stain is still wet. c. Allow the clothing to dry in a room before packaging. d. Do not expose to sunlight or high temperature, as they may destroy factors which will determine blood typing. Zz Q & g 5 a > Z Ey Z a 2 ae 5 rs iS 4 é Z 2 6 Z 5 zSCE DE} ICATION 2. Hair. This rhay be found anywhere in the crime scene, 1, | : often found on the clothing of the victim and suspect he | has come into physical contact with each other. It can ig | very important evidence especially in rape cases. In Most | cases, there are rarely enough samples present for positiy, | identification of an individual. However, it can be determineg if the hair is of animal or human, whether the hair is dyed o, bleached, if the hair is from the head or body as well as the | racial origin of hair. | Collection of hair | a. Take sample of head hair from the top, the back and | each side of the head. b. Take by combing, pulling or cutting close to it. Take a least dozen hair from each location. In rape cases, take two samples from both the victims and the suspect. The first is taken by combing, and the second is by cutting and pulling. d. Each of these samples should be collected in separate containers and properly labeled. e. Identify hair carefully as to exact location found. Do not mix hair found in several locations. g. Place the hair in folded paper and put it in an envelope in glass vial and seal. h. Do not tape the hair to an object_as it will alter the hair and destroys any debris adhering to it.CHAPTER 3: EVIDENCE AND CR 3, Fingernail Scraping. In cases where physical contact had " been made, fingernail scraping should be obtained. Rape cases or assault cases are good examples of cases where fingernail scrapings may be important. Items sometimes found under fingernails include fibers, hair, and skin which may be typed for its blood group. Collection of Fingernail a. Clean under each fingernail with a clean fingernail file. b. Place the scraping from each finger on already labeled paper with notation of which finger it came from. c. Place the scrapings from each finger in a separate envelope or glass vial. d. Fingernail scrapings should be obtained from both the victim and the suspect. e. If the subject's hand is contaminated with blood, note this on the container. 4. Fiber. This is an excellent tracing evidence when clothing cross contamination takes place. This is also important evidence inrobbery and hit and run cases. Fiber may be found on clothing snagged on projections, and even imbedded with vehicle paint. Examination of fiber determines whether it is a natural or a synthetic material, and the color and dye used. It may be physically matched if the fragment was torn from clothing. Threads may be examined to determine twist, number of strands and cloth weave. Collection of fiber a. b. Treat and package fibers in the same manner as hair Be extremely careful not to cross contaminate during the collection process. Collect the clothing which is considered to be the source Of the fibers. FUNDAMENTALS OF CRIMINAL INVESTIGATION Do not shake the items as this may dislodge the fibers. nonei it i bberies a i in be important evidence in rol € nd = nen tt pa It may be found as trace evidence in | pete Glass is usually examined to determine | ir id shoes. Ser te culdenes sample and the known standard has the | pea physical properties and trace elements as impurities, inati de to determine from itional examinations can be ma | Sach aaa force was applied. Glass, broken by fire shows a different pattern because the breaking is induced by | differences in expansion of glass. Physical match of glass from the crime scene to glass found in suspect's possession is good possibility. | Collection of glass ; Collect from each broken glass at the crime scene a. b. Package them individually in glass vials or envelopes. | c. Inhit and run cases, collect all broken glasses to insure | the possibility of a physical match, should fragments be | found on suspect's vehicle . Firearm. The firearm, bullet, shotgun shell, shotgun pellet and wad, explosive residue and gun powder pattern can provide vital evidence and specific answers to possible questions in the case. Collection of firearm a, Firearm must be handled carefully, not only as a safety measure, but to avoid disturbing any evidence they may provide. b. They must be properly marked for later identification. c. Never insert anything in the barrel as it may damage the identifying characteristics and dislodge material which may be inside the barrel. d. Pick up the weapon by the trigger guard or checkered grip so as not to disturb any fingerprints. e. Unload but do not wipe or clean the weapon. f. When unloading, carefully record the location of fired, UP CKIMINAL INVESTIGATIONunfired and misfired cartridges. g Record the serial number description of the firearm h. Firearm with no serial number should be marked with initials on the receiver or the underside of the barrel. i. Never use “X” or other non-individual type of marking. j. Do not mark the weapon on any easily removable part such as the stock or grip. k, Use discretion so as not to disfigure the weapon (Montojo, 2007). Don'ts in the Collection of Firearm Evidence a. Never submit a loaded gun to the Laboratory, unless it is delivered in person. Unfired cartridges may be left in the magazine of a weapon, provided the magazine is removed from the gun. A firearm with the cartridge in the chamber should never be shipped by any method, even if the weapon is not cocked or on safety. b. Never clean the bore, chamber, or cylinder before submitting a firearm, and never attempt to fire the gun before it is examined in the Laboratory. c. Never pick up a weapon by placing a pencil or other object in the end of the barrel d. Record serial number, make, model, and caliber of the weapon, and mark it in some inconspicuous manner that does not detract from its value before sending it to the Laboratory. Marking firearms is important since duplicate serial numbers are sometimes found on different guns of the same make and general type. Do not confuse model numbers or patent numbers with serial numbers. e. Place weapons in strong cardboard or wooden boxes, well packed, to prevent shifting of guns in transit. f. Rifles or shotguns should not be taken apart. g. lf blood or any other material, which may pertain to an investigation is present on the gun, place a clean paper around the gun and seal it with tape to prevent movement FUNDAMENTALS OF CRIMINAL INVESTIGATIONof the gun and loss of the sample during shipmeny, i for the examination of _ Never contaminate the gun for the e OF aten fingerprints on it (WPD Investigators Handbook, 2006) , Bullet. This can provide information about the make an type of ammunition and weapon from which the bullet Wag fired, and whether or not it was fired from specific Weapon, provided the weapon is available for test purposes. Collection of bullet a. Handle the bullet so as not to dislodge any extraneous materials or damage the markings. b. If a bullet is lodged in wood or similar material, cut out the section and bring it to the laboratory. c. In autopsies, request the use of hands or rubber-tipped forceps to minimize the possibility of damage to the bullet. d. Wrap each bullet separately in tissue in cotton to prevent damage and place in a container. . Cartridge Case. This can also provide vital information as to the type of weapon used, the type of ammunition, and whether or not the case was fired in a specific weapon (if weapon is available for fire testing) Collection of cartridge case a. Handle cartridge cases so as not to add any scratches or marks. b. Wrap each one separately to prevent damage. c. Be sure to note specific locations in which each was found (Montojo, 2007).Marking of Physical Evidence Ru ; s evidence is collected, it is individually marked with the initials ofthe investigator. The marking tool depends upon the nature of the evidence. If it is a hard object such as metals, the initial are gcratoned Of engraved by the use of sharp-pointed steel called stylus. General Rules in Marking Physical Evidence a. b. c. Mark with initials of recovering officer. Never use “X”. Record any serial number (if applicable) and other distinctive mark. Mark the object without damage. Always mark the container in which the object is placed even if object itself is already marked. When tags are used, make corresponding entry in the tag and attach it securely to the object (WPD Investigator’s Handbook, 2006). Methods of Marking Specific Evidence The following pieces of evidence must be marked as follows: 1. Revolvers must be marked separately on the barrel, frame, butt, cylinder, and stock. Tape should also be put around the bore and the frame of the gun with signature of the investigator. . Pistols must be marked on the barrel, frame, butt, magazine, and stock. Tape must also be put around the gun with signature to avoid changing the parts of the gun that may affect the result of laboratory examination. . Rifles should be marked on the barrel, frame, magazine, bolt or slide. All magazines and accessories shall also be marked. Fired Empty Shells, Misfired Cartridges. Strict regulations say that they must be marked inside the mouth of fired empty Shells. \tis nearly impossible to mark them inside the mouth especially .22 caliber shells, but they could be marked on [ON FUNDAMENTALS OF CRIMINAL INVESTIGATIee | the side of the body of the Shells, not on the base, It sh be admitted that there is really the big difference of Where being practiced in reality and theoretically written in ats The lesson is, for as long as the evidence can be pro, Ks, marked and kept as evidence. Perly 5. Bullets/ Slugs/ Balls/ Pellets. This can be Marked on th ogive or nose as well as on the base. The initial name of the investigator and/ or date should be marked on those pa, . so that the rifling marks (land and grooves Marks) foy in the bullet or slug will not be disturbed because they are very important for ballistic examination (WPD Investigator’, Handbook, 2006). Note: Not all evidence is suitable for marking. Marking of evidence is required depending on the type of evidence, size, and Condition of the evidence found at the crime scene. C. Tagging Evidence When evidence which by their nature could not be marked on each evidence with the use of a card where the initials of the investigator, date and time of collection, specific case and other information can be written. 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, 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, carefully photograph and sketch the area containing the mark. +9 UE CRIMINAL INVESTICRRnN Although this photograph will not be sufficient to allow the Laboratory to perform a tool ma rator D rk comy i the tool, it will assist the Laboratory to dalatnise Be the mark was made so that test mark: easily made. ‘S$ can be-more b. Casts of tool marks can be made by a c person who hi had considerable experience in this work. Poor me are useless for comparison purposes and some marks will be damaged if improper methods are used. c. Pack the object containing tool marks so that no alteration or damage will occur during shipment. Small objects should be wrapped with clean paper and placed in envelopes or boxes, while important areas on larger objects can be protected with paper. Whole, large objects can be packed in cartons or crates, if not delivered in person, Controlled Substances and Medical Preparations The Laboratory handles the analysis of marijuana and other drugs and medicinal preparations which may be involved in criminal cases or found in the possession 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. 3. Preservation of Questioned Documents a. Under no circumstances should either the questioned ve document or the exemplars be marked, defaced, or wt altered. No new folds should be made, nor should marks \\es oF notes be placed on such material. Personal marks for 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CHAPTER 3: EVIDENCE AND CRIMINAL IDENTIFICATIO Shipment of Evidence a. Questioned documents may be submitte or left in previously described lockers at th entrance. = b. Such evidence sent to the Laboratory by mai r y ma sent by certified or registered mail. If there is ue amount of material, it may be sent some other aoe the package must always be sealed. Y, but d Personaj ih le Laboratoy Charred Documents Where examination and decipherment of charred Paper is involy, great care must be taken to prevent any additional crumbiin . breaking apart of the burned material. Normally it should be ae on top of loose cotton in a box and delivered in person aii Laboratory. No Mmatter_how it is packaged, such material will = damaged if attempts are made to ship it by mail. 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 : 7 c. Identification of embossed or indentéd 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4 Pres! CHAPTER 3: EVIDENCE AND CRIMINAL IDENTIFICATION ervation of Latent Fingerprints a, The primary precaution in all cases is the prevention of adding fingerprints to evidence, or of destroying those already present. b. Most fingerprints submitted wil be on paper, glass, metal, or other smooth surfaced objects. If articles containing latent must be picked up, touch as little as possible and only in areas least likely to contain identifiable latent, such as rough surfaces. ¢. 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 them from moving. Bottles and glasses may be placed vertically on a board and placed in the bottom of a box. 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. e. Papers and documents containing latent prints should be placed individually in a cellophane or manila envelope. Such a container can be sandwiched between two sheets of stiff cardboard, wrapped, and placed in a box for mailing (http:/www.crime-scene-investigator.ne/ collect.html). FUNDAMENTALS OF CRIMINAL INVESTIGATIONOther Potential Pieces of Evidence 4. Soil. This consists of organic natural Materials SUCh ag i rocks, minerals and decomposing plant, and may alg contain man-made materials such as bricks, Coney glass, or paint. The densities of soil samples are analy,’ via chemicals that separate the Particles that Comprise the soil, if pattern of separation is similar, it indicates q Match this common scientific technique of analyzing soil is Calleq the density gradient tube. 2. Paint. Paint is a pigmented polymer that is applied ang 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.PTER3: 6 INALII Fingerprints. These consist of ridges, depression and " separations. These remain unchanged and consistent throughout lifetime; each fingerprint is unique and fingerprint cannot be forged. According to Dutelle (2014), the three distinct types of prints found at the crime scene are: a. Plastic Fingerprints are type of fingerprint formed if the fingers come in contact with a soft material such as soap, wet putty, wet cement, wet paint, dust, or , melted wax, a ridge impression may left sufficient for , performing a comparison. These impressions have Ge 3) distinct three dimensional appearances and do not Ww require further processing. They are documented using a a4 oblique photography. IV) a ape b. Patent Fingerprints are easily identifiable as fingerprints by the unassisted eye. Fingers that have been in contact with 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. 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 tidges. Processing of the latent prints is accomplished through development, enhancement, or visualization appropriate for the type of surface upon which the prints repose. ESTIGATION MINAL INV! 8. Computer and other Electronic Evidence. Computers, ye V cellular phones, and personal digital assistants may provide a wealth of information regarding communications, schedules and criminal behaviors and therefore are potentially valuable sources of evidence in criminal investigations. Examination of electronic hardware is quite technical in nature and, if ae performed, can result in lost evidence (Dutelle, FUNDAMENTALS OF CRIHowever, evidence passes through severa| Perso, several purposes. The principle of chain of custody ae for observed. Chain of Custody refers to the number of pe St be who handled and possessed the pieces of evidenge moment that they were collected, marked and tagged, Ube | the time of the final disposition of the case. Rule on the Chain of Custody of Evidence Chain of Custody is of paramount importance to any investigation It is the unbroken sequence of events that is caused by an iter 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 ig documented by date, time, handling individual, what was done with the evidence by that individual. If chain of custody is broken, ang 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). 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. c. 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 difficult. Audio-recording may be dependent on the speed, volume, pitch and timbre which may be changed by theinstrument used in the recording and replaying sketching. If there’s no scientific apparatus to preserve ” evidence is available then a rough drawing of the scene or object to be preserved is done. It must be simple, identifying significant items and with exact measurement (see chapter 4) pescription. Description is done by putting into words the person or thing to be preserved. Describing a thing requires keen observation and a good power of attention, perception, intelligence and experience. It must cause a vivid impression on the mind of the reader, a true picture of the thing described. The use of Portrait Parle may be used. Portrait Parle (spoken picture). This refers to verbal, accurate and picturesque description of the person identified. Such information may be given by the witness, relatives, or other persons who are acquainted with the physical features of the person to be identified. The following basic requirements must be included in the verbal description: 14. General Impression: type, personality, apparent social status. , Age and sex . Race or color Height Weight . Built: thin, slender, medium or stout Posture: erect, slouching, round shoulder Head: size and shape Hair: color, length, baldness 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 e SLELANBOAaRwNn 3! |. Ears: size, shape, size of lobe, angle of set . Eyes: small, medium or large; color, eyeg! figure 3) Cheeks: high, low or prominent medium chet INDAMENTALS OF CRIMINAL INVESTIGATION lasses (see FU! ek bones, 105- (CHAPTER 3: EVIDENCE AND CRIMINAL IDENTIFICATION flat or sunken g. Nose: short, medium or big; or long; Straight, aquilin flat or pug (see figure 4) 1 or h. Mouth: wide, small or medium; general impression | i. Lips: shape; thickness; color j. 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 a x Rectangle Inverted Triangle Tnangie Oval Fig. 1. Different Shapes of Face (http:/Avww.askrobinwalker.com/files/2127328/uploadedAvomen_face_ shape) AL INVESTIGATION| aa. a oa EVIDE! IDENTIFICATI SO — : — a eae MN) Fig. 2. Different Shapes of Eyebrow I| (www golivewire.com/forumspeer-Yapt- rt-a.html) yte ® fy SD Fig. 3. Different Shapes of an Eye (drawinghowtodraw. ° rystepbysteparawinglessons20! ovo1/drawanim) FUNDAMENTALS OF CRIMINAL INVESTIGATIONFig. 4. Different Shapes of Nose (chestofbooks. com/arts/photograph; y/Practical-Photography-2) If a skilled investigative illustrator is available, a picture of the person to be identified may be drawn or sketched, Asa check to the sketch or drawing made, it must be shown to the person/s who gave the information to see whether it tallies with the person to be identified (see figure 5). to “Fig, 5. Sketch Output .com/forumsshowthread, php?t=44123) sown tte UE URIITAL INVESTIGATION (www.websleuths, If available, the investigator may look at what is commonly called Rougue’s gallery or Photographic files of wanted or missing Ns for comparison with the cartooranhic cketchCHAPTER 3: EVIDENCE AND CRIMINAL IDENTIFICATION nikin Method. This makes use of a mini Pan e or of a human body indicating fhe a spects of the things to be preserved. An anatomical Raa ji orstatuette may be used and injuries are indicated with thei 2pP opriate legends. Although it may not indicate the full detail of the lesion, it is quite impressive to the viewer as to the nature and severity of the trauma. 5. Preservation in the Mind of the Witness. A person who perceived something relevant for proper adjudication of a case may be a witness in court if he/she has the power to transmit to others what he/she perceived. He/she would just have to make a recital of his/she collection. Principal drawbacks or preserving evidence in the mind of the witness are: a. The capacity of a person to remember time, place and event may be destroyed or modified by the length of time, age of the witness, confusion with other evidences, trauma or disease, thereby making the recollection not available. So clant [scale 0 b. The preservation is co-terminus with the life of the witness. If the witness dies, then the evidence is lost. c. Human mind can easily be subjected to too many extraneous factors that may cause distortion of the truth. Other persons may influence a witness to serve the interest of another or state untruthful facts to justify anends (Solis, 1987).aaa SYA INVES LIGATION QUARTER.) EVIDENCE AND CRIMINAL IDENTIFICATION UNIT 2. CRIMINAL IDENTIFICATION Identification is the process of determining the Personality of person or thing. a Importance of Identification of Person 1. Rules In the prosecution of the criminal Offense, the identity the offender and that of the victim must be establisheg, otherwise it will be a ground for the dismissal of the charge or acquittal of the accused. ge The identification of the person missing or presumed deag will facilitate settlement of the estate, retirement, insurance and other social benefits. It vests on the heirs the right over the properties of the identified person. Identification resolves the anxiety of the Next-of-kin, other relatives and friends as to the whereabouts of a missing person or victim of calamity or criminal act, Identification may be needed in some transactions, like cashing of check, entering a premise, delivery of parcel or registered mail in post office, sale of Property, release of dead bodies to relatives, parties to a contract (Solis, 1987), in Personal Identification The greater the number of Points of similarities and dissimilarities of two persons compared, the greater is the probability to be correct. This is known as the Law of Multiplicity of Evidence in identification. The value of the different points of identification varies in the formulation of conclusion. In a fresh cadaver, if the fingerprints on file are the same as those removed from the crime scene, they will Positively established the identity of the person while bodily marks, like moles, scar, complexion, shape of nose, etc. are merely corroborative. Visual recognition by relative or friends may be of lesser value as compared with fingerprints or dental comparison. The longer the interval between the death and the examination of the remains for purposes of identification,ms | Vv 5 F | the greater Is the need for experts in establishing identity, has the object to be identified is hi i 4, nas mucl ified is highly per it is necessary for the team to act in the shoitest penal time especially in cases of mass disaster, © 5, There is No rigid rule to be observed in the proce: identification of persons (Solis, 1987). Procedure of | methods of Identification 4. BY Comparison. \dentification criteria recovered during the investigation are compared with records available in the file, or postmortem finding are compared to ante-mortem records, for example, latent fingerprints recovered from the crime scene are compared to the fingerprints on file of an investigative agency. 2. By Exclusion. If two or more persons have identified and all but one is yet identified; the one whose identity has not been established may be known by the process of elimination. Identification of Person The bases of human identification may be classified as: 4. Those whom laymen used to prove identity. This requires no special training or skill of the identifier and no instrument or procedure is demanded. STIGATION . Those which are based on scientific knowledge. Identification is made by trained men, well-seasoned by experience and observation, and primarily based on comparison or excursion (Solis, 1987). |. Ordinary Methods of Identification 1. Characteristics which may easily be changed a. Growth of hair, beard or mustache b. Clothing — form, texture, or style c. Frequent place of visit — favorite areas where a person usually visitssuch as a coffee shop, beer gardens etc. FUNDAMENTALS OF CRIMINAL INVES:d,. Grade of profession — a graduate or student nurse ma be identified through her cap; a mechanic by his tools; a clergy man by his robe etc. e. Body ornamentations — includes earrings, necklaces rings etc. 2. Characteristics that may not easily change a. Mental Memory b. Speech ¢. Gait. A person on account of disease or some inborn traits may show a characteristic manner of walking. 4 scientific investigation of the gait pattern may be useful for purposes of identification and investigation of crime scene. Gait pattern is the series of foot marks by a person walking or running. The following are kinds of gait: 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. Cerebellar Gait. A gait associated with staggering movement is seen in person suffering cerebellar disease. Cow’s Gait. This refers to a swaying movement due to knock-knee. |. Paretic Gait. Gait in which the steps are short, the feet are dragged and the legs are held more or less widely apart. . Spastic Gait. A gait in which the legs are held together and move in a stiff manner and the toes are dragged. }. Festinating Gait. Involuntary movement in short accelerating steps. . Frog Gait. A hopping gait resulting from infantile paralysis. . Wadding Gait. Exaggerated alteration of lateral trunk movement similar to the movement of the duck.i PTER 3: EVIDE : ‘ d. Mannerism. Stereotype movement or habit peculiar to an individual. It may be: Way of sitting Movement of the hand Movement of the body Movement of the facial muscles Expression of the mouth while articulating . Manner of leaning e. Hands and Feet. The size, shape, and abnormalities may be the bases of identification. Foot or hand marks found in the investigation of the crime scene may be: 4. Foot or hand impression 2. Footprint or handprint f, Complexion. This may be determined when the whole body is exposed preferably to ordinary sunlight. g. Changes in the Eyes. A person is identified because he is near-sighted, far-sighted, color blind, astigmatic, 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. ee ae h. 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 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 leprosy, elephantiasis and leontiasis ossia. 4. Myxedemic Face. Pale face, edematous swelling which does not pit on pressure, associated with FUNDAMENTALS OF CRIMINAL INVESTIGATIONZz Q g g E a = 4 Z é 2 4 5 & 6 4 z g 3 a 8 7) dullness of intellect, slow Monotonous Spe muscular weakness and tremor. ech, i. Left or Right Handedness j. Degree of Nutrition. The determination : Must be jin relation to the height and age (Solis, 1987), Points of Identification Applicable to both Livin person before Decomposition 1. Occupational Marks a. Painters have stains on the hands and fingernails b. Engineers and mechanics ma hands ig and Deaq y have grease on their c. A dress maker develops multi ple puncture marks on finger tips d. Baker and miller may have flour dust and on their bodies on their clothing e. Mason has callosities on the Palms of their hands f. Other similar marks relative to individual's occupation 2. Race. In the living, race may be presumed in: a. Color of the skin 1. Caucasian — Fair 2. Malayan — Brown 3. Mongolian - Fair 4. Negro —Black b. Feature of the face Caucasian - Prominent sharp nose Malayan — Flat nose with round face Mongolian - Almond eyes and prominent cheekbone Negro — Thick lips and Prominent eyes RONvy o 7. 8 9 EVIDEt ¢. shape of the skull 4, Caucasian — Elongated skull 2. Malayan — Round head 3, Mongolian — Round head 4, Red Indians and Eskimos — Flat head | Wearing apparel. Casual and customary wearing apparel may indicate race as well as religion, nationality, region and custom: Stature. Aperson ceases to increase in height after the age of 25. There Is apparent shrinkage in height after a long standing debilitating disease. There is actual shrinkage in old age on account of the compression of the inter-vertebral and also the curvature of the spinal column. The growth of a person rarely exceeds five centimeters after the age of 18. Tattoo Mark. This is the introduction of coloring pigments in the layers of the skin by multiple puncture: Tattoo mark may be in the form of initials, names, images or views which is helpful in the identification if present in the body of the person. Deformity. This maybe congenital or acquired. Deformity may cause peculiar way of walking, body movement, facial expression, mannerisms, etc. Deformity like clubfoot, harelip, cleft palate, cystic conditions, bony prominence, etc could be bases of identification unless corrected surgically. . Birth Mark. Birth marks which may be a spot naevi, port wine, or a Mongolian blue spot could also be bases of identification but it could be removed Injury Leaving PermanentResults. These are amputations, improper unions or fractured bones. Mole. Ordinarily it is permanent but could also be removed. Scar. This the remaining mark after healing of the wound. 10. Tribal Mark. This is a mark on the skin by tattooing or branding. Tribal mark is placed in the exposed parts of the body and used to identify person or membership of a tribe or social group.Zz § g g E i g z 5 < z 2 5 oO 7 3° z g 3 a 8 2 i how previous ci iti an. Male organ may s! US Citcume 11. a ‘he uterus and breasts may show signs Ofpre On, pregnancy. ibe tc ’ fon. , CISEASE, Parasitic infery d Examination. Blood type, dis e, inten 12. pac substances present may be utilized to Uistinguiy one person from another (Solis, 1987). Vioug ification through Anthropometry rats see a as Bertifon system devised by Alphonse Bertillon. This method uses anthropometrical measurement Of the human body as the basis of identification. In addition, Bertillon Was the first person to introduce portrait parle as an aid in identification (Solis, 1987). Bases of the Bertillon System 1. The human skeleton is unchangeable after the twentieth year. 2. It is impossible to find two human beings having the same bones exactly. 3. The necessary measurement can easily be taken with the | aid of a simple instrument. The Information included in the Bertillon System 1. Descriptive Data. Color of the hair, eyes and complexion, shape of the nose, ear etc. 2. Body Mark. Moles, scars, tattoo marks, deformities, etc, 3. Anthropometrical Measurements a. Body Measurements. Height, width of outstretched arms, and sitting height. b. Head Measurement. Length and breadth of head, bizygomatical diameter, and length of the right ear. ¢. Limbs Measurement. Length of the left foot, length of the left middle and left little fingers, and length of left arm and hand from the elbow to the tip of outstretched middle finger are measured (Solis, 1987),EV) insi Factors in \dentification mamentations — rings, bracelet, neckla oa : earings, and lapel pin etc. nae, personal Belongings - letters, wallet, driver's license and " ‘personal cards etc. : _ wearing Apparel — tailor marks, laundry mark, size, style, sock, and others 4, Foreign Bodies — dust in clothing, nail scrapping may show occupation, place of residence or work, habit etc. 5, Identification by close friends and relatives 6. Identification of records on file at the police department, immigration bureau, hospitals, etc. 7. \dentification photograph (Solis, 1987). Light Factors in Identification 4. Clearest Moonlight or Starlight. Experiments have shown that best known person cannot be recognized by the clearest moonlight at a distance greater than 16 to 17 yards and by starlight any further than 10 to 13 yards. 2. Broad Daylight. A person can hardly be recognized by another person at a distance farther than 100 yards if the person has never been seen before, but persons who are almost strangers may be recognized at a distance of 25 yards. 2 . Flash of Firearm. Although by experiment, letters of 2 inches high can be read with the aid of the flash of a caliber .22 firearm at a distance of 2 feet. The flash of lightning produces sufficient light for the identification of an individual provided that the person's eye is focused towards the person he/she wishes to identify during the flash. 5. In case of artificial light, the identity is relative to the kind and intensity of the light. Experiments may be conducted for every particular artificial light (Solis, 1987). |ATION FUNDAMENTALS OF CRIMINAL INVESTIG.FUNDAMENTALS OF CRIMINAL INVESTIGATION Il. Scientific Methods of Identification Aspects of follows: 1. Two General Types of Suspect Identification The two general types of suspect identification are: 1. Examples: ©CMNOnDROD . Deoxyribonucleic Acid (DNA) IDE identification requiring scientific knowledge ate ag | is Fingerprinting Dental Identification Handwriting Identification of Skeleton Determination of Sex Determination of age Identification of blood and blood stains Identification of hair fibers Positive Identification. This uses information that identi an individual beyond question and is legally acceptable as pertaining to and Originating from a Particular individual, a. Information developed after Comparing questioned with inked fingerprints. b. Result of DNA analysis of blood and semen 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 Inf belongings at the crime Scene (Solis, 1987).