Errors in Crime Scene Investigations - Research Paper Example

Errors in Crime Scene Investigations Imparting justice to all citizens is a high sensitive responsibility of the criminal justice systems in all nations. Similarly, the very existence of the criminal justice system is to prevent the trend of accelerating rates of crimes and to bring peace and tranquility within the society. In addition, the criminal justice is also bound to ensure that all accused persons received the right to defend them in the trial and no one is erroneously implicated in criminal proceedings. The court also must make sure that no innocent person is ever wrongly punished or convicted for offences that he or she has not committed. In the modern day, with the advent of technology and the availability of modern forensic test facilities, crime scene investigation (CSI) has acquired much significance in the process of police investigations and the conducting of trials. During 1998, the US Department of Justice, in what could be termed as a landmark study, has unearthed 28 cases of “wrongful convictions” by means of DNA tests and thus brought to the fore the “fallibility” of the law enforcement system (Doyle, 2010, 110). In most cases, the jury has relied on eyewitness accounts, which is the “oldest form of evidence” to pass their verdicts and 24 out of the 28 cases have entailed wrongful conviction due to “misidentification” (110). This adequately underlines the significance of scientific methods of investigation in determining the complicity of offenders in the crimes they are accused of and to minimize errors in crime scene investigations. Thus, it transpires that in the interests of imparting criminal justice and to rule out errors in crime scene investigations the law enforcement system needs to deploy advanced technology. Eye witness account, which has been the primary evidence relied on in traditional trial proceedings, often runs the risk of being the result of wrong perceptions, memory failure or can even be under fear police persecution (p.114). Thus, the best method to ensure the conduct of trials in the most transparent and judicious manner is to facilitate the availability of forensic evidences that can irrefutably link the perpetrator to the crime under investigation. Criminals, invariably in all cases, no matter how meticulous and calculating they are, leave imprints of indelible evidence on the crime scene. While an efficient investigator, with the aid of modern technology will be able to unearth such evidences that can positively identify the perpetrator of crimes and help in proving his or her involvement in the commission or abetting of the crime. An investigation of the crime scene commences with the arrival of the first respondents at the location. Such persons may not necessarily be trained in forensics and hence they need to appreciate the significance of physical evidences that play a “pivotal and especially valuable role” and are the most “reliable” evidence (Crime Scene and Physical Evidence, 2009, p.4). Besides, they also must understand the importance of proper custody and handing over of such evidences to the investigation team once they arrive on the scene. This way, the sanctity of the evidence they collect from the scene can be sustained and any possible errors can be ruled out. Crime scene investigation can be understood as a “process” that seeks to record the scene as it is and to recognize and collect any physical evidences that are “potentially relevant” to the crime (p.4). The process also envisages adherence to any “local laws, rules and regulations” that relate to CSI and forensic investigations and ethical as well as human dignity considerations (p.4). Similarly, removing unnecessary items, taking photographs and developing a “descriptive documentation” of crime scene are significant in the process of CSI (Death Investigation, 1999, p.24). In the case of death investigations, the investigating team has to take measures also to determine the location of death as the scene where body was found need not necessarily be the site of the death as well as ascertain the “cause, manner and circumstances” of the death (p.25). Subsequently, they need to systematically “collect, inventory, and safeguard” all the evidences present in the crime scene (p.26). Interviewing any witnesses present on the crime scene is the next step involved in the process and in addition, they must also record the “statements” and any “information provided” by the witnesses (p.27). The next and most significant part of the process is photographing the body as well as the “immediate scene” (p.29). In addition, they also have to undertake an external examination of the body apart from documenting the results and “preserve evidence” found on the body (p.31). If the CSI team meticulously follow these steps and take all relevant evidences into the custody, they can effectively rule out any chances of errors in the course of conducting the investigation. A wide array of errors can occur during the crime scene investigations if the investigator or team of investigators does not pay proper attention to details. For example, in photographic evidences, the investigator has to ensure that the photograph is taken from an appropriate angle and the image does not get distorted due to bad handling of the zoon or other features of camera. In some cases, errors can occur also due not using the “tripod for stability” (McCarty, n.d., p.29). Similarly, in areas with video surveillance facility, the investigator has to ensure that relevant footages have been recovered and examine it in detail. Besides, unwanted footages should be removed so that the jury does not have to go through irrelevant recordings of mundane matters. In the present day, videotaping of crime scenes is a normal “documentation procedure” due to its acceptance in criminal proceedings (Miller, n.d, p.121). With the latest technology, the video equipment also has advanced facilities such as zooming and an investigator must use technology to optimum effect without any errors so that the best possible outcome could be provided during the trials. On the other hand, the investigators should not entirely depend on their experience and flout the “search step” while investigating crime scenes as this may lead to errors (p.125). They need to strictly adhere to the laid down procedures so that no evidence present in the crime scene loses their attention or documentation. In addition, the crime scene investigators also need to do a proper sketching of the crime scene, which is the “final task in documentation” of crime scenes (p.123). Though sketching of a crime scene is an easy task, the investigators need to pay meticulous attention to each aspects of the scene and proceed in an organized manner with proper “planning” (p.124). It is also desirable to prepare a draft sketch first and then proceed to make the final sketch as this will enable them to eliminate any errors as well as add any missing details in the sketch. Similarly, investigators can also deploy digital imaging technologies for “capturing, analyzing and storing” any records of crime scenes or the physical evidences that have been retrieved from there (125). However, investigators should not rely entirely on digital technologies as these lack credibility due to the possibility of manipulations and thus they must integrate this technology into the “traditional techniques” to attain best positive effect (125). Contamination of crime scenes is another major challenge that investigators encounter in the course of their duty, as it can compromise reliability of the physical evidences and even entail loss of vital components of the evidence. Therefore, the team investigating a case needs to ensure that access to the scene by members of the public or the other respondents is restricted by establishing an “entry/exit route” (Crime Scene Investigation, 2000, p.24). In addition, a “secure area” needs to be designated for safe keeping of equipment as well as any trash materials (p.24). A major area of error occurs when the documentation is not done properly and hence the team also needs to evaluate and assess the documentation with reference to standard procedures to ensure its correctness before leaving the scene and in case any situation warrants “departures from usual procedures,” the reasons for doing so may also be recorded (p.26). Another significant area where errors occur during crime scene investigations is due to the collection of evidence in a disorderly fashion that may entail loss or contamination of vital evidences. Therefore, the team conducting investigation of the crime scene must prioritize the process based on any fluids, or “latent prints” first (26). Similarly, they should also follow some “systematic search pattern” so that vital evidence that runs the most risk of loss or contamination is collected on priority (26). Mass media plays a crucial role in all aspects of human life in the modern day and this also reflects in the processes such as crime scene investigations. Evidence points to the presence of a phenomenon called “CSI effect” on the jury because jurors educated through fictionalized accounts being broadcast on TV harbor wrong notions about it and they are hesitant to convict offenders when all the procedures they view on TV are not “applied in the case” (Heinrick, 2006, p.59). Therefore, jurors may tend to insist on unnecessary procedures such as DNA test and other advanced technology even in cases where such examinations may be uncalled for. Studies further find that defense counselors are of the view that due to the influence of the media, jurors “rely too heavily on scientific findings” and refuse to believe such scientific findings will not go wrong due to human or technical errors (p.60). Prosecutors also share the opinion and believe that the influence of TV shows on the jurors make it impossible for them to “win convictions” on many cases in which scientific evidence is not relevant or has not been recovered (p.60). On certain occasions, such situations may persuade the investigators to focus merely on scientific evidence thus undermining other material evidences relating to a case. On the other hand, several studies signify the necessity for obtaining “scientific evidence” in crime scene investigations because in the modern world, people expect the law enforcement to strengthen their cases through irrefutable proof (Shelton, 2010, p.34). This study further contends that jurors, having understood “pervasive changes” in public sentiment, demand the production of scientific evidence both from the prosecutors as well as defense (p.34). This situation can put considerable pressure on crime scene investigators, which may negatively impact their process of collecting evidence and adherence to standard procedures. As a result, they may become prone to committing errors during investigations. However, one cannot simply ignore the probability of juries being “influenced by pretrial publicity” in the media relating to several cases, and they may insist on the production of scientific evidence on the assumption that this may render their verdicts credibility in public perception (Cole & Dioso-Villa, 2009, p.1336). This contention can be construed as reasonable because CSI has been the “most popular” TV show for a long time and subsequently there have been many other shows based on CSI, thus validating its influence on the public in general (p.1337). From a wide range of literature on the topic of crime scene investigation, reviewed during the course of this study, it transpires that Crime Scene Investigation is a crucial component of the law enforcement system. Evidence produced in a court of law can make a difference in the life of an accused person. While the lack of evidence may result in a guilty person being acquitted from a charge, wrongly collected evidence or the misinterpretation of the evidence can lead to the conviction or execution of an innocent person. Therefore, crime scene investigators, who are the people responsible for collection, interpretation and production of the evidence in a court of law, assume the highest significance in the law enforcement system of all nations. They, therefore, need to make sure that they follow all the relevant rules and procedures while collecting, storing and producing evidence in criminal cases. They also have to ensure that they rule all possibilities for errors in the process of investigation so that the evidence collected by them are relevant and supportive to the case and help them identify the actual perpetrator of a crime. They also need to ensure that the evidences collected are not contaminated or leaked out to any unauthorized people. They have to make use of the potential of modern technology and need to evolve a scientific approach in the investigation to make it error free and efficient. References Cole, S. A. & Dioso-Villa, R. (2009). “Investigating the ‘CSI Effect’ Effect: Media and Litigation Crisis in Criminal Law.” Stanford Law Review Vol.61 (6): pp.1335-1374. Crime Scene and Physical Evidence Awareness for Non-forensic Personnel. (2009). New York: United Nations Office on Drugs and Crime. Crime Scene Investigation: A Guide for Law Enforcement. (2000). Office of Justice Programs, US Department of Justice. Retrieved November 19, 2013, from Death Investigation: A Guide for the Scene Investigator. (2009). Office of Justice Programs, US Department of Justice. Retrieved November 19, 2013, from Doyle, J. M. (2010). “Learning from Error in American Criminal Justice.” The Journal of Criminal Law & Criminology Vol.100 (1): pp.109-148. Heinrick, J. (2006). “Everyone’s an Expert: The CSI Effect’s Negative Impact on Jurors.” The Triple Helix Fall Issue, 2006: pp.59-61. McCarty, M. (n.d). Criminal Investigation: CRJ 141. Retrieved November 19, 2013, from Miller, M. T. (n.d). Crime Scene Investigation. Retrieved November 19, 2013, from Shelton, D. E. (2010). “Juror Expectations for Scientific Evidence in Criminal Cases: Perceptions and Reality about the ‘CSI Effect’ Myth.” Thomas M Cooley Law Review Vol.27 (1): pp.1-35. Read More