JS 96GY The Real CSI

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JS 96GY The Real CSI

• Outline
• Announcements and Assignments
• Review email lists
• Reform Small Groups
• Introduction to Criminalistics
• Crime Scene Definition
• Physical Evidence
• Role of the Crime Scene Investigator
• Goal of CSI
• Physical Evidence- Locards Exchange Principle
• Team CSI Exercise 1 and 2- Physical Evidence and
  Class
• and individual characteristics
• Some slides have been modified from Mary Junos
  JS112 course (SJSU)
• and/or borrowed from Sgt Bruce Wiley (SJPD)

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Office Hours Policies

• Set up 15 minute appointments by email
  sblee999_at_gmail.com, steven.lee_at_sjsu.edu
• Benefits (to you and me)
• Review the course material.
• Show me how hard you are working
• Provide feedback
• Ask specific questions or Ask for help
• Extra credit may be provided for coming to
  discuss questions on the reading, exams, DNA,
  assignments, forensics, news articles,
  department, college and campus scholarshipsetc

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Assignments (Collection and New assignments)

• Collect Assignment 1 (folder with name) - Place
  into blue folder in the correct alphabetic order
• Collect Individual assignment 3. Read the
  academic integrity policy and take the plagiarism
  tutorial.
• Individual assignment 2. Read Introduction and
  Chapter 1 handout from Houde book (Due 09/03/08).
• Find 1 article (newspaper, magazine, journal
  article) on a case (or cases) where crime scene
  investigation was not correctly performed. In
  your 1 paragraph summary, identify the incorrect
  procedure and how it impacted the case. Write 1
  critical thinking question and answer (Due
  09/03/08 hard copy)
• Extra credit (2 points)
• Read Crime Scene Investigation- A guide for law
  enforcement training http//www.ncjrs.org/pdffile
  s1/nij/200160.pdf
• Summarize one section (A, B or C)
• Write a 1 page summary and 3 critical thinking
  questions and answers

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The Silent Witness and CSI

• Wherever he steps, whatever he touches,
  whatever he leaves, even unconsciously, will
  serve as a silent witness against him. Not only
  his fingerprints or his footprints, but his hair,
  the fibers from his clothes, the glass he breaks,
  the tool mark he leaves, the paint he scratches,
  the blood or semen he deposits or collects. All
  of these and more, bear mute witness against him.
  This is evidence that does not forget. It is not
  confused by the excitement of the moment. It is
  not absent because human witnesses are. It is
  factual evidence. Physical evidence cannot be
  wrong, it cannot perjure itself, it cannot be
  wholly absent. Only human failure to find it,
  study and understand it, can diminish its value.
  Professor Edmond Locard

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The Crime Scene

• The crime scene is the area or areas that
  encompass all of the physical evidence of the
  crime scene (sometimes unknown)
• Primary scene(s)
• Secondary scene(s)
• BTFU
• Back the Feet UP!

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What is Physical Evidence?Any object that can
establish that a crime has or has not been
committed.

• Physical evidence usually has mass (See, feel,
  taste, touch, smell, hear).
• When might physical evidence show that no crime
  has been committed?
• What is the evidence?
• Suicide note
• GSR on hand of victim, suspect?
• DNA from ?
• What is the crime suspected to have occurred?

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How does an item become physical evidence?

• Before an object can become physical evidence, it
  must be recognized by the investigator as having
  a relationship to the crime committed.
• This is harder than it seems!
• This is the real art of all CSI. Technology
  plays a huge role, however, it cannot replace
  experience

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Nature Value of Physical Evidence

• Does evidence proof?
• NO, but enough evidence, or evidence that is
  especially persuasive, can convince jurors beyond
  a reasonable doubt that a person committed a
  crime.
• Not the same as proof
• For DNA, understanding statistical significance
  is needed.

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Nature Value of Physical Evidence

• What can physical evidence do?
• establish that a crime has been committed
• establish key elements of a crime
• place the suspect and/or victim at the crime
  scene
• establish ID of suspects
• exonerate the innocent
• corroborate victims testimony
• cause suspect to confess when confronted w
  evidence
• can be more reliable than eye witness testimony

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Recognizing Evidence at the Scene

• You wont always know what is evidence
• Depends on the crime
• No hard, fast, inflexible rule
• Apply common sense, logic, reason, knowledge of
  human behavior, skill and experience to determine
  what is or is not evidence
• Need a preliminary hypothesis who, what, where,
  and how, do you think it happened- predict what
  you would find. (criminalistics vs
  criminology-why)
• What is a hypothesis?

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Hypotheses and the Scientific Method

• Define the question The suspect is innocent
• Gather information and resources (observe) Find
  semen left on the underwear of a female victim
  and foreign shoe prints in blood found at the
  scene.
• Form hypothesis- a testable explanation for
  observations. The suspect did not leave the semen
  and shoeprints and therefore when reference
  samples are analyzed will be excluded
  (prediction)
• Perform experiment(s) and collect data
• Analyze data- statistical significance (CODIS,
  SICAR)
• Interpret data and draw conclusions that serve as
  a starting point for new hypothesis-
  Publish/present results
• Retest (frequently done by other
  scientists-defense)
• Crawford S, Stucki L (1990), "Peer review and the
  changing research record", "J Am Soc Info
  Science", vol. 41, pp 223-228

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Recognizing Evidenceat the Scene

• It may be visible or invisible
• Its up to the CSI to find it, document it,
  collect and preserve it
• When in doubt, collect it!
• Dont forget to look up
• BTFU!
• Review data and reformulate hypotheses
• Entry/exit routes?

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CSI 10 minute Team Exercise 1

• In your teams name and document (in a list on
  your team color paper) as many different types of
  evidence that might be useful in reconstruction
  of a crime
• For each example, provide how you would collect
  and package the evidence.
• Once you are done, provide the list to the
  instructor.
• Each of you should sign and date the document
  with the name CSI team exercise 1 and list your
  team name

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Overview of the types of Physical evidence

• Blood, semen, saliva
• Bedding, clothing, fabric
• Sexual Assault kit
• Cigarettes
• Documents
• Drugs
• Explosives, accelerants
• Fibers, Hair, Paint
• Fingerprints
• Glass
• Organs and physiological fluids

• Impressions (shoes, tires, tools, teeth)
• Rope, Tape other binding material
• Weapons
• Tools
• Bodies
• Vehicles
• Plastic bags
• Rubber, other polymers
• Firearms and ammo
• Bullets, casings, slugs

• Powder residues
• Serial numbers
• Soil and minerals
• Bottles
• Vehicle lights
• Wood and other
• vegetative matter-
• pollen, seeds
• Environmental
• contaminants

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Locards Exchange Principle

• 1910 Edmund Locard, successor to Lacassagne as
  professor of forensic medicine at the University
  of Lyons, France, established the first police
  crime laboratory.
• Locards Exchange Principle states
• Contact results in a cross-transfer of evidence
• Every contact leaves a trace
• "with contact between two items, there will be an
  exchange"

suspect
scene
victim
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Crime Scene InvestigationGoal- reconstruct the
crimehttp//www.ncjrs.org/pdffiles1/nij/200160.pd
f
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Role of the Crime Scene Investigator

• Crucial step in investigation
• Four Basic Fundamental Concepts
• Secure- preserve evidence, safety
• Search Critical v Supporting v Property
• Record sketching, measuring, photography,
  videography etc
• Reconstruct- final goal
• From the analysis of the crime, an experienced
  CSI will determine what type of physical
  evidence, where and how to recognize it, how best
  to collect, preserve and process the evidence and
  combined with laboratory examinations,
  reconstruct the crime

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Processing the SceneStep by Step

• 1. Secure scene
• 2. Conduct walkthrough
• 3. Systematic search
• 4. Document the scene
• 5. Collect package evidence
• 6. Submit evidence to lab- results? Need to
  resample, retest
• 7. Maintain chain of custody
• 8. Reconstruct

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Processing the Scene

• Processing the scene correctly is absolutely
  critical to the rest of the case
• You dont get a second chance
• Evidence cannot be analyzed and interpreted if
  its not found! (leave no stone unturned,
  approach from every angle)
• Evidence cannot be used if its not protected,
  documented, and properly preserved (PIP)
• Evidence cannot be used if its not gathered
  legally!
• (The Chain Of Custody COC)
• There is no justice without evidence!

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Crime Scene Considerations

• SAFETY
• Biohazards
• needles, blood, bodily fluids, airborne
  diseases, smoke, fumes, unknown hazards
• protective clothing gear
• appropriate handling packaging methods
• no eating, drinking or smoking on scene
• change gloves frequently
• People
• suspect, crowd, victims or suspects family and
  friends
• sufficient of police oficers on scene
• be aware of your surroundings at all times
• Scene
• highway, active (shooting), fire, unstable
  foundation/footing/land, bomb (chemical hazards
  in Clan labs)

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Crime Scene Considerations

• LEGALITY
• Chain of custody must be maintained
• Evidence must be gathered with search warrant
• Justification for a warrantless search
• - Exigent circumstances
• - Prevent immediate loss or destruction of
• evidence
• - Immediate area of control of a person,
  incident to a lawful arrest
• - Consent of parties involved

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The Fourth Amendment

• The right of the people to be secure in their
  persons, houses, papers, and effects, against
  unreasonable searches and seizures, shall not be
  violated, and no warrants shall issue, but upon
  probable cause, supported by oath or affirmation,
  and particularly describing the place to be
  searched, and the persons or things to be
  seized.
• Discussion Is it a violation of 4th amendment to
  view the heat emanating from homes with IR to
  detect growing of marijuana?
• http//cases.justia.com/us-court-of
  appeals/F3/62/1325/535156/
• United States of America, Plaintiff-appellee, v.
  Theodore Robinson, Sr., Defendant-appellant
  United States Court of Appeals, Eleventh Circuit.
  - 62 F.3d 1325 Aug. 31, 1995
• Is it a violation to collect a half eaten apple
  for a DNA swab to compare against the crime scene
  stain?

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Surreptitious Sampling DNA from discarded
itemsCourts permit the practice Others object.
Pro? Con?
http//www.nytimes.com/2008/04/03/science/03dna.ht
ml?_r1orefslogin
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Important Cases

• Mincey v Arizona u/c police officer killed
  premises held and searched for four days
• Michigan v Tyler arson building left
  unattended until it could be searched, then it
  was searched on several different days throughout
  the month following incident
• Supreme Court when time and circumstances
  permit, obtain a search warrant!

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Equipment Supplies Needed

• Tape
• Clipboard
• Pencil, notepadCompass
• Chalk/lumber crayon
• Presumptive test kits
• Tweezers
• Scissors
• Casting equipment
• Flares
• Fingerprint kit
• Gsr kits
• Flares

• Crime scene tape
• Flashlight
• Gloves/protective equipment (goggles, masks,
  booties, boots, etc)
• Numbered placards
• Camera, film, flash, batteries, tripod
• Measuring devices (rulers, tape measures,
  strollmeters)
• Packaging materials (paper bags, envelopes,
  biohazard bags, small ziplock bags, pain cans
  with lids, glycine paper, etc)
• Marking pens
• Sterile swabs distilled water

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Summary

• Crime scene Area(s) with all physical evidence
  (Pri and Sec BTFU)
• PE - Any object that can establish that a crime
  has or has not been committed.
• Value of PE- establish that a crime has been
  committed
• establish key elements of a crime- place the
  suspect and/or victim at the crime scene-
  establish ID of suspects- exonerate the innocent-
  corroborate victims testimony- cause suspect to
  confess confronted w evidence -can be more
  reliable than eye witness testimony
• Hypotheses and the Scientific method (Q, O, H, E,
  A, I, R)
• Types of Physical evidence (Name 15)
• Locards Exchange Principle- Contact results in a
  cross-transfer of evidence
• CSI 4 basic steps- SSRR, 8 detailed steps- S,
  W, Sys, Doc, Coll, Submit, Maintain COC,
  Reconstruct.
• Processing the scene correctly is absolutely
  critical to the rest of the case (PIP, COC, When
  is PIP not correct?)
• SAFETY- Biohazards, People, Scene
• LEGAL ISSUES- COC- Warrants, Warrantless?
• Evidence must be gathered with search warrant
  (Mincey and Tyler cases)
• Justification for a warrantless search- Exigent
  circumstances- Prevent immediate loss or
  destruction of evidence- Immediate area of
  control of a person incident to a lawful arrest-
  Consent of parties involved
• Surreptitious Sampling (what is it as it pertains
  to CSI?- Do you approve or dissaprove and why?

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CSI Exercise 2- Types of Evidence

• In your small teams examine one of your team
  mates shoes (you will do this in separate places
  so the other teams are not aware of which shoe
  you are examining).
• Team leaders should collect all the observations.
• Write down as many characteristics of the shoe
  that you and your teammates believe will assist a
  CSI in determining if a shoeprint was left by a
  particular shoe.
• Once completed be sure everyone signs the paper
  and indicate you are done.

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CSI Questions

• How many different characteristics did you
  identify?
• Which ones might be found for other shoes?
• Which ones are unique to that shoe?
• Is there enough documentation for someone that is
  not on your team to identify the shoes? Would
  you be able to pick the shoe from a rack of 100
  others in 10 years?